I left active duty in Jan 2016, my initial rating came back at 90%, but as I added everything together on the VA disability calculator (https://www.va.gov/disability/about-disability-ratings/) I was only getting to 80%. Thus, after asking around it would appear the three back problems which are separately coded are actually three separate 20% ratings, which push me to the 90% mark... now making sense (see ebenefits snap from 2019 below).
Old Rating (before submitting this new claim): << (Equals 80%? not sure anymore)
10% attention deficit hyperactivity disorder (ADHD)
10% painful scar, surgical, status post left inguinal hernia repair
50% obstructive sleep apnea (also claimed as non-organic sleep disorder/breathing related sleep disorder)
20% thoracolumbar strain, degenerative arthritis, intervertebral disc syndrome
> 10% lumbar radiculopathy involving the sciatic nerve (also claimed as neuritis)
20% cervical strain (claimed as neck pain)
30% pes cavus (claimed as cogenital foot deformity, talipes cavus)
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Last year I found out that I have Ankylosing Spondylitis (AS) so I submitted a fully developed claim with independent medical experts showing the connection to the military. This has gotten much worse over time, so I also submitted for an increase on all back disabilities rated under the range of motion formula. I got back the results in record time (within a month!). They did some kind of funkiness I don't understand though. In the decision letter, they don't actually acknowledge accepting my claim for AS, they say this:
- Evaluation of ankylosing spondylitis (previously rates as thoracoumbar strain, degenerative arthritis, intervertebral disc syndrome), which is currently 20 percent disabling, is increased to 40 percent effective January 9, 2020.
- Evaluation of cervical strain (claimed as neck pain), which is currently 20 percent disabling, is increased to 30 percent effective January 9, 2020
Your combined rating evaluation is:
90% Effective Date: Jan 4, 2016
90% Effective Date: Jan 9, 2019
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Old Rating (after submitting this new claim): <<(Equals 80% on the calculator, but they are saying 90%?!?)
10% attention deficit hyperactivity disorder (ADHD)
10% painful scar, surgical, status post left inguinal hernia repair
50% obstructive sleep apnea (also claimed as non-organic sleep disorder/breathing related sleep disorder)
20% ankylosing spondylitis (previously rated as thoracolumbar strain, degenerative arthritis, intervertebral disc syndrome)
> 10% lumbar radiculopathy involving the sciatic nerve (also claimed as neuritis)
20% cervical strain (claimed as neck pain)
30% pes cavus (claimed as cogenital foot deformity, talipes cavus)
New Rating (after submitting this new claim): <<(Equals 90% on the calculator)
10% attention deficit hyperactivity disorder (ADHD)
10% painful scar, surgical, status post left inguinal hernia repair
50% obstructive sleep apnea (also claimed as non-organic sleep disorder/breathing related sleep disorder)
40% ankylosing spondylitis (previously rated as thoracolumbar strain, degenerative arthritis, intervertebral disc syndrome)
> 10% lumbar radiculopathy involving the sciatic nerve (also claimed as neuritis)
30% cervical strain (claimed as neck pain)
30% pes cavus (claimed as cogenital foot deformity, talipes cavus)
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So my question for the community is, what am I missing here? I am totally confused and cannot at all figure this out. Did they just screw me over? I should be at 100% now if all four back codes (ankylosing spondylitis, thoracolumbar strain, degenerative arthritis, and intervertebral disc syndrome) are at 40% each. So if that is not actually the case, how did the VA calculate me at 90% for the past four years?