pacmanx1

Based on this information I would say the date that you filed your VA claim. If you are talking about an appeal that is something totally different.

Stretch this has been resolved for now but I would have a problem if I tried to change my avatar again.

Yes, using the combined rating chart I believe it is. The combine rating chart does not use decimals and you will hit 95 which is rounded up to 100% 70+50= 85, 85+40= 91, 91+30= 94, 94+10= 95 which is rounded up to 100%

A lot of veterans either hand carry their evidence to VA and get a date stamp or they mail it return signature receipt or express mail to get a signature to verify that VA has received it. This is in case you have to prove that VA had it in their possession.

Carlie that is exactly my point, the veteran conditions may not meet 4.15 but they do meet 4.16. The veteran did not file a claim for total and permanent disability, the veteran filed a claim for total disability rating for compensation based on unemployability of the individual. OK, you know me and my meds. So am I missing something here? The veteran already meets the TDIU criteria. At present the veteran's condition may warrant TDIU (unemployability)but not permanent and total. § 4.15 Total disability ratings. The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. § 4.16 Total disability ratings for compensation based on unemployability of the individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, 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. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of non-service-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable.

Is this part of the rating (reason for) decision? Is it something someone told you? It sounds like part of the CFR 38 part 4 that deals with deciding a claim for P & T and not TDIU. I am confused and maybe others will chime in. A TDIU claim can be permanent or not but VA should have rated you for TDIU and not for P & T. Even though your conditions may not be permanent you can still be unemployable.

When viewing posts that have attachments, I keep getting this message. [#10171] You do not have permission to view this attachment.

Congrats.

Congrats

OK, I lost my avatar. Can you help, system will not take new picture. Thanks

Harleyvet, It is not a quick fix but have you filed for Social Security Disability? You are entitled to both VA and SSDI if you qualify. Hope the best

Here are the 100% requirements; Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name 100

Here is what CFR 38 Part 4 says: 6847 Sleep Apnea Syndromes (Obstructive, Central, Mixed): Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100 Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50 Persistent day-time hypersomnolence 30 Asymptomatic but with documented sleep disorder breathing 0 It does not give any set amount of hours, I know this still does not answer your question but that is what VA goes by.

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No, I am not working and I am not making any money. I do not see myself working again; at this time I cannot even volunteer because there are days when I don't even leave my home. I am not housebound, I just have bad days.

The mark is 95 on the combined rating chart, which will be rounded up to 100%. I was 90% combined and got 10% and my rating stayed at 90% but then I got 40% which put me at 95.5 and VA rounded my combined total to 100%. John not knowing all your ratings, it is difficult to say what you would need to hit the 95 to get rounded to 100%

Congrats

Carlie, np

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I will comply but I think all my post from watchdog are stated they are from watchdog and I am not trying to steal his work, just passing it on so more can see it.

Actually depending on what your ratings are you may need between a 10 and a 50% rating to hit the 100% schedular

Keep in mind that TDIU is for veterans that can not maintain employment due to their service connected mental and or physical conditions. These conditions also must have a doctor's opinion that the veteran is unemployable. It is very hard to get 100% schedular with more than one condition. It is easier to hit the 100% for one condition but if it is for a mental condition, then the veteran would be very limited in his or her income. With multiple service connected conditions the closer you get to 100% the harder it gets to get it. Have you checked out the VA rating table calculator, VA has really fuzzy math when it comes to the combined rating chart. http://www.hadit.com..._calculator.php

He can ask for a copy of his VAMC mental health records but not his C-file at this time. If he ask for a copy of his C-file at this time it could delay in his decision. Since he has recently moved the only thing that he can do is get re-established in to the new VAMC mental health clinic and go from there. He is already doing that so it would depend on what the new doctor would say about his condition.

I think it is very possible but unfortunately you have to get awarded your TDIU first. VA may even pay your TDIU from the last day you worked without you filing an EED claim.