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pat100

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Posts posted by pat100


  1. Hey All, Actually title 38 part 4.16 speaks about marginal employment. "Marginal employment shall not be considered substantially gainful employment. For the purposes of this section,marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the US Department of Commerce, Bureau of the Census, as the poverty threshold for one person". However I would never test this since the Va has been getting very rigid in awarding iu lately.


  2. Greetings!

    I used one of the VA Calculators and below show the results. It appears actual rating is 92% rounded up to 90%.

    For BILATERALS FIRST WHICH ARE: Neuropathy Rt hand: 10%;" Lt hand: 10%;RT Foot: 10%; and Lt Foot: 10%

    1/////10%

    2/////10%

    3/////10%

    4/////10%

    9/////38%/////(BILATERAL TOTAL)

    -------------------------------------------

    Thanks so much for the calulations in a way that I can understand. One more question, does the fact that he has several conditions related to his colon cancer have any bearing on the calulations?

    Adding Bilateral Total (9)to rest below:

    /////RATING/////COMBINED RATING

    9/////38%////////(BILATERAL TOTAL)

    1/////60%/////75%

    2/////30%/////83%

    3/////30%/////88%

    4/////10%/////89%

    5/////10%/////90%

    6/////10%/////91%

    7/////10%/////92%

    TOT//198%/////92%


  3. Pat- I agree VA math is fuzzy at best. The bilateral factor is one of the most poorly applied and understood aspects by raters and veterans alike, but it is the raters duty to accurately rate the bilaterial factor when first found. Rarely happnes. Your husbands hands and feet are both qualified under the bilateral factor, the trouble is that you are going to have to claim 1. bilateral hand neuropathy and 2. bilateral foot neuropathy. Yes you may have to do the C&P exam all over again for this- but you will win.

    The correct math: 10% R hand + 10% L hand= 20% + 10% value of the two together under the bilaterial factor= 22%

    I have seen this inconsistany applied nearly everytime. Often 10%+10%= 20% or 10+10+10BF=30% also very commond.

    How is your husbands elbows? Knees? The bilaterial factor adds up all conditions on the both arms/hands & both feet/legs.

    I'm not sure that I am replying in the correct format.

    My husbands elbows and knees are fine, it's just his hands and feet that the chemo really affected. He can't grip things, burns himself if he tries to cook, can't stand the cold, feet are numb and hurt at the same time and the va only awarded him 10% for each. Anyway, do I still computer the largest disabilities first and then compute the 22% in order of degree of disabilities.

    Thanks so much for your reply.


  4. Pat- I agree VA math is fuzzy at best. The bilateral factor is one of the most poorly applied and understood aspects by raters and veterans alike, but it is the raters duty to accurately rate the bilaterial factor when first found. Rarely happnes. Your husbands hands and feet are both qualified under the bilateral factor, the trouble is that you are going to have to claim 1. bilateral hand neuropathy and 2. bilateral foot neuropathy. Yes you may have to do the C&P exam all over again for this- but you will win.

    The correct math: 10% R hand + 10% L hand= 20% + 10% value of the two together under the bilaterial factor= 22%

    I have seen this inconsistany applied nearly everytime. Often 10%+10%= 20% or 10+10+10BF=30% also very commond.

    How is your husbands elbows? Knees? The bilaterial factor adds up all conditions on the both arms/hands & both feet/legs.


  5. Hello All:

    I need help computing the bilateral factor. I have read 4-25 Combined Rating Table until I am brain dead. I'm normally good at military/va regs but for some reason I am having problems with this. Please do not only quote the regs because this will not help me.

    My husband who is a 21 year navy retired vet, was awarded 100% sc for stage 3b cancer in April of 2006. This week we recieved notification that the Va is proposing to drop his cancer disability from 100% to 60% with an overall rating of 90%. Since it has been over 6 months since his last chemo treatment, the Va can re-eval and lower his cancer percentage. But I need to know if their math is correct. The following is a list of his disabilities:

    Colon cancer: 60%

    Depression : 30%

    Neuropathy Rt hand: 10%

    " Lt hand: 10%

    RT Foot: 10%

    Lt Foot: 10%

    Scars Colon Surgery: 10%

    Port a cath implant: 10%

    The above listed disabilities are all arising from a single disease entity i.e. colon cancer. The Neuropathy should be computed as bilateral four estremities per 4.26 bilateral factor.

    He also has received awards not related to the cancer and they are as follows:

    Asthma: 30%

    Reflux: 10%

    Hypertension: 10%

    I love Va Math which in my husband's case 200%=90% combined rating. Anyway if someone a lot smarter than me could double check the va math using the bilateral factor for four extremities per 4.26 it would be most appreciated. And how does the single entity come to play into computation?

    At this point we don't know what to do. Is their math correct? Should we appeal (They keep requiring the same c&p exams over and over ie 3 colon exams within one year and my husband is getting upset with all the bull) or should he just put in for unemployability? He put in for unemployability in 2006 but it was drop without a decision because they awarded him the 100%. I feel that we shouldn't do anything until we know if their computations are correct so if someone could double check their figures and show me how you did it, it would be greatly appreicated.

    Thank You,

    Pat


  6. cg...I went in for a nod c&p exam for my knee rated at 10%. Had three knee surgeries while AD with the last one a complete knee reconstruction with hardware holding my knee together. Anyway when I get the decision my knee was still rated at 10% however they gave 10% for my feet which I never put in for nor was my feet mentioned during my exam. I just figured that they thought that the 10% for my feet would make me happy and they would not have to pay all the back pay on the knee. I sent in another nod and finally they awarded me 30% for the knee which with my other %'s gave me enough for iu. This was over 10 yrs ago but if the dr see something then he should note it and they should give it to you, but you know how they are now. It seems like the examiners get a big kick out of messing with you. Like you I have had good exams and bad ones. Just keep the faith and before you leave the Hospital or clinic sign a roi request so you will have a copy about the same time that the ro has it.

    I'm sure you will do great.


  7. In 1999 I recieved an IU rating. The overall rating was 70% with 10% for asthma and during this time my rep told me to drop any NOD since I would be getting the IU rating of 100%. My question is since my Asthma has become severe having to take 5 different medications daily would there be any benefit to reopening this claim? I would like to get the Va life insurance which I waited to long to apply for in 1999. I could also re-open a claim for scars since I never got anything. The scarring was a result of 3 knee surgeries while on AD. Should I just be happy with what I got (which I am very happy) (Don't want to open a can of worms) and forget about the free life insurance. Also I have read that if you die from a sc disability that your spouse will get a portion of the money you were recieving. Is there any benefit for a IU to open a claim??


  8. Ron,

    Make sure that you have the VHA handbook 1605.1 and most important the VHA Directive 2004-014 which talks about C&P Exam amendments in hand when you go back to the VA. I got them off the VA website. You can also check with the VA Hospital's library. How I did the request for amendment is for each item that was incorrect I listed in " " what the examiner said and then I listed what was wrong and how it should have read. Remember you are requesting an amendment which they could disapprove, however if you go in there with the Directive and with everything in order to the point listed in order then you will have a better chance. To give you an example: the examiner stated that the veteran never consumed any food or never drink anything while on board the ship during ship overhaul for removal of asbestos. Drinking or eating on board the ship was never mentions during the C&P exam. During the amendment this item was deleted because unless the examiner was also on the ship with the Veteran he could not know what was consumed.


  9. that does not surprize me at all, You should see mine, Exactly the same type of idiocy.

    My Husband was diagnosed with service connected colon cancer in 2005 which he has sinced recieved a favorable decision only after many examinations and letters. I really don't have words for the first c&p exam that he had but will say that the report was 4 pages and the request for amendment was 6 pages. Get this he had a rectal exam without taking his pants off. That examiner was real good because he must have had xray vision. But I'm getting ahead of myself. Per VHA DIRECTIVE 2004-014 b. Amendments (1) A request from a veteran to amend a C&P Examination Report must be in writing and submiited to the Privacy Officer at the Vha health care facility that performed the examination. The VHA health care facility should process the request only after contacting the VARO as indicated in subparagraph 2b. Also VHA Handbook 1605.1 page 18 iTEM 8. states " Right to request amendment of records. The VA hospital told my husband and myself that we could not request a amendment to C&P exams and it was only after we gave them copies of their own regulations that a amendment was approved. Of the 18 items listed on our amendment request 12 were approved and then we rebutted the other 6 with the regional office. I'm not sure which way would be the best a rebuttal or amendment. The amendment did take 3 months just because no one at our Va knew how to do one because they had always told anyone requesting an amendment that c&p exams could not be amended. The 3 month wait was well worth the time since the examiner was reasigned outside of the c&p department, however he should have been out right fired. As for C&P Exams the more you read them the more you will find incorrect so read over them time and time again. Each time you read them write down anything that is incorrect and go from there. I'm sure you will be surprised at all the things you find wrong after the 10 or 12 reading.

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