mobie16r

Extra-schedular ratings is consider when a veteran is unemployable and don't meet the percentage set forth in paragraph (a) (Authority: 38 U.S.C. 501) ( It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service- connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue. [40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996] mobie

GAF plays a part ,but the rater looks at the overall big picture,you can have a gaf today of 55 and next week it could be down to 45 and the week after that it could be back up to 65 so gaf is just a part ot the equation.On getting a rating,the first time, with a gaf, ranging in the fifty's, you could get a 30%,rating, but chronic ptsd with major depression,generalized anxiety my guess would be around 30 or 50.Remember i said my guess. mobie

Skunk,let ne try to help you,because you could have had PTSD and the army ignore it.A lot of Vietnam got discharge like that. (1)What month and year was you in the Nam,and month and you left? (2)What unit was you with and where about was you? (3)Was you ever exposed to enemy? mobie

Grent,could you give a little more information on what happen in 1986.Was your claim denied? Did VA response back to you?Was you awarded a 100% for the disability,in 2003 that you file for in 1986? mobie

Roque3334,i sympathize with you,but uncle sam is a little crooked if you have a disability that occur in service or with-than the one year period and and its not stated as "Chronic" your claim will get denied almost everytime.So what you have to do now get all of your evidence together and let your IMO see it,so he/she can write you a statement to corroborate your evidence together,that it is as likely as not due to your military service,or due to military service.I know you are probably depressed about your neck,but you have to give the VA what they want and don't give up. mobie16

A 21-526 is the form you should have fillout when you did the initial claim,this is called a formal claim.You can fillout a claim on plain piece of paper,but most veterans fill out on, form 21-4138,This is called a Informal claim.The formal claim is where you list your military time,disabilities,doctors, dependents and etc:I see you are already service connected 70% so i take you have did the form 21-526,like rental said just file the form 21-4138.I don't know if you are working or not,if are not working, i would consider unemployability,becauseyou meet the minimum reguirements. mobie

Alp,I am not trying to tell you that you don't need help,but by attending ptsd counseling will not get you a permanent and total rating,like i said on your other post it take psy to state that your ptsd will not get better.These new PTSd programs that the va give now,is suppose to make you better.The va can't hold that against you.Remember this, that a C&P is given to find out if your ptsd have got better of worst.

AlB,Just go back to your psychiatrist of clincal psychologist and get a signed statement, that your ptsd is Permanent and Total,Fillout form 21-4138 and submit it to your regional office.If your psy states that your ptsd symptoms will not get better in the future,you sholld get PT.I hope this helps! mobie

Backprob,first of all you dont meet the requirements 4.16 A ratings for unemployability.These are the requirements ,if there is only one such disability,this disability shall be ratable at 60 percent or more,and that ,if there are two or more disabilities,there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. To answer your question about the the form you are filling out (21-8940)Yes they will contact your employer by sending your employer form 21-4192(Request For Employment Information)but if you are unable to work because of your service connection disability than there is section 4.16B where the ratings boards should submit to the director,compensation and pension service,for extra-schedular consideration all cases of veterans who are unemployable by reason of there service connected disabilities. mobie

You are right Carlie,but the evidence you sent in is copy,s and the dated copy's you keep for your records wil be enough to prove what you submited. mobie

If you are filing a formal claim for COMPENSATION AN PENSION,you should use form 21-526,The first part of 21-526 is for COMPENSATION,which is about 19 pages but you only have about 9 pages to fillout,the second part is for PENSION,you have about 8 or 9 pages to fillout.FORM 21-527 is a INCOME NET WORTH and EMPLOYMENT STATEMENT. On your 21-526 you put the disabilities that you thank is service connected and remember that this is a formal claim, later on you are going have to submit more evidence,that the disabilities you are applying for happen when you was in service or aggravated by service. mobie

Pattik,it is for your protection that the evidence you submit to the department of veterans affairs is sent certified mail,because if it get lost you will have the evidence that you sent it in. mobie16r

Roundhound,under the privacy Act of 1974 (5 U.S.C.552a.)you can request your C-file from the regional office that have them.Download form 3288 from(Request For And Consent To Release of Information From Individual's Record) www.va.gov/ fill out and mail of carry to your regional office,it might take a few months but they will sent them to you. mobie

Fullcount,there is something else that the rater needed, to rate your claim,it is possible that the rater want to give you, a C&P or there could be something that the predetermination team already have that is needed. mobie

congrats to you noscopes mobie

Beleive me skunk,it is a lot simple, to get claim granted for SSD, than it is to get one granted through The Department of Veterans Affairs,SSD grant a full claim when it is favorable to you,the VA grant in, increments, and sometimes lawyer's don't like to take a VA case unless it is going to the Board of Veterans Appeals (VBA)because, when your claim reachs that stage,its at least, Two years old. mobie

Joey,i am very sorry to see a AMVETS REP act that way,get rid or him and get a new one.Trying to answer your question.The rater past the decision to the REP and the post determination when the decision is made,my guess would be that you should get an official letter, in about Three weeks or more. mobie

peb1,(1)if you got a vertifiable inservice stressor(2) You been diagnose with Post-traumatic stress disorder.(3)your vertifiable stressor is the reason you have ptsd.You will be granted a rating.I see you been diagnose with ptsd,you have meet the first reguirement.A gaf score of 43 is very serious,but va take more into consideration when giving a rating,but your SSD will play a big part in getting a higher rating if it is all mental. mobie

Jesse.go ahead and file for TDIU.because if he stopped work because of his service connected disabilities,he sould be able to get TDIU.This is what i would do,i would download form 21-4192 (request for employment information)get him to take it by the last job and let them fill it out (the reason he stopped work)and get an appointment with his primary doctor, and take his medical records with him and also his award letter so the doctor can see that he is unable to work and if he have a pretty good doctor,he/she would probably write a letter stating the reason,why he will never be substantial gainful employable now and in the future. mobie

maybe,someone will come along and help you because i don't have the least ideal what you are talking about. mobie16r

Roadking,if he is 60% service connected,that means he is 50% ptsd and 10% wounds,he meets the the requirements of 4.16a elgible for unemployability if he is not gainful employable because of his military disabilites. mobie16r

Congrats 1968 mobie16r

peb1,what are you filing a claim for?What was your SSD approved for? mobie16r

tom91,i know how it is when you are waiting on claim,but until you get a official letter in the mail,that you have been approved, of this disapproved, everything else you hear is moot.The 800 people can only tell you what they see on there screem, and everytime you call you get a different one, and they are not at the regional office, your claim is being processed,you may call in the morning and get one thats in St.louis, and call again in the affternoon and get one thats in Memphis, and you will never get the same information,but some of the 800 people will really try and help you by going to different screems and founding the latest information that is available to them, on the other hand, when your claim is finish your Rep is notify ot the decision.So don't get upset about the 800 people and nothing that is unofficial.GOOD LUCK! mobie16r

PCP,come and go all of the time at varo's mobie16r