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Kenneth Livingston

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About Kenneth Livingston

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  1. Thank you pacmanx1 for this answer. Recalculated with the table and this time made sure to always combine the highest rating numbers first and the 30% was indeed accurate. 60 + 54 + 30 + 30 + (30 yet to be awarded) + 10 = 95...rounded to 100.
  2. Currently at 92% combined rating. According to a few "va disability calculators" such as Hill and Ponton and others, a single 30% would bump me to 95 and therefore 100% schedular rating. But when manually calculating the 92% + 30% using the VA Combined Ratings Table https://www.benefits.va.gov/compensation/rates-index.asp it only bumps the rating to 94 and therefore remains rounded down to 90%. The table shows that a 40% rating is required to reach 95%. Why the mismatch? Inside that 92% is a "bilateral factor" of 4.9% if that makes a difference.
  3. Thank you very much. Will get right on this and share any developments.
  4. 12-16-2019 follow up. I was granted 10 + 10% in the reopening of the case with an effective date 2019 when the application was made. The request of ED 30 yrs prior... back to the date of original application was denied. Any other guidance at this point moving forward to appeal that? Attorney, NOD, perhaps CUE claim if applicable?
  5. Thank you very much for your reply. New evidence which is material and relevant in my opinion. 1) sworn dec from squad leader of the incident and injury during active duty service 2) two page document generated from the local VA seeking medical records for this evaluation 30 years ago 3) A signed document from a USAF recruiter three years later mentioned that he had made contact with a college ROTC program which had discharged me from its Army ROTC program based on an abbreviated MEPS eval for the condition in question which deemed me as disqualified. There is no record of this MEPS evaluation. At the college in question I was diagnosed and treated with an injection but no medical record recovered. Quote from that document: "...since he was physicalled and found to be ineligible, the Army ROTC Unit completely voided him from their program."
  6. I am preparing to deliver a fully developed claim having submitted an intent to file declaration about 9 months ago. One element of this application was a request to reopen a case which had been denied about 30 years ago. Intended to submit new material and relevant evidence and request an effective date to the original claim. My understanding is that with the new changes in the system FEB 19, 2019, I would be required to file a "supplemental claim" and forego the original application date 30 years prior. (https://bit.ly/2KkGgXu) I have no record of the denial. The VA Regional center had no record of the denial or even the application. DAV had no record. VA hospital locally had no record with my initial records request 2018. But a few months back I pressed the VA records folks a bit and they did some digging and found the record for that initial comp & pen exam...still awaiting delivery of that. QUESTION: file the "supplemental claim" due to the new regulations and forego the earlier effective date 30 years and request it to be the date of my "intent to file"?
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