zeelarry

I tried to figure out where the confusion could be coming from. It doesn't make sense why the same system can give you two different answers. I guess you'll have to wait for Friday's deposit, if the increase made it to the pay center in time. Actually, you might see two different deposits, one for the increase and the other for your regular amount. This is how I was paid when I received an increase. Sorry to hear about the tone of the letter, but I know what you're saying. On my initial appeal, I had Dr. Bash do my IME. In my SSOC, the DRO wrote derogatory comments about Dr. Bash and even tried to discredit his medical credentials. This is something that will remain with me forever. Once all of my claims are finalized, I will write the VA OIG about it. Best of luck.

Peaches911, please correct if I'm wrong. Sorry, I cannot answer your question, as I'm looking for the same info. OP stated 'currently at 100% & SMC (S)'. Not sure, but I think Peaches911 is asking- if with the current ratings plus an additional % for Asthma, what is needed for an increase in $$$$$$? That's an answer I've been looking for also. If a Veteran is rated 100% P&T, plus has other disabilities that add up to 60% [sMC (s)], plus additional 60% worth of ratings, does the Veteran get bumped up to SMC (l)? Of course, the two Additional 60% are using VA Math & no duplication of same body parts

I am confused about them using up the additional disability percentages to grant A&A. I thought that A&A stood on it's own.

YES, there was an offset and of course, even after adding SSDI & FERS, I was not making as much $$$$ as I did when drawing civil service pay. When I turned 62, my FERS disability was changed over to FERS retirement. However, I look at it this way, I had some money coming in, and still do, from FERS & SSDI.

I am going through the same problem. My initial filing for Diabetes was back in 2007, denied, appeal, remand [3 times] then VBA finally obtained their own IMO. Their [VBA] IMO agreed with my IMO [Dr. Bash] and was finally granted in 2014. Was rated at 20%, filed a NOD immediately, and was granted 40%, but with an effective date of the NOD!?!?!?!? Filed Form 9 Appeal back in May 2015 which is still pending. I requested a face to face with DRO before Appeal goes to BVA. Heard nothing. Anyway, here are a few references: Title 38 → Chapter I → Part 3 → Subpart A → §3.156 §3.156 New and material evidence. (b) Pending claim. New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision in accordance with the provisions of §20.1304(b)(1) of this chapter), will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. (Authority: 38 U.S.C. 501) 38 CFR Effective Dates §3.400 General. Except as otherwise provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. (Authority: 38 U.S.C. 5110(a)) (h) Difference of opinion (§3.105). (1) As to decisions not final prior to receipt of an application for reconsideration or to reopen, or prior to reconsideration on Department of Veterans Affairs initiative, the date from which benefits would have been payable if the former decision had been favorable. E X T R A C T E D Citation Nr: 0918324 Decision Date: 05/15/09 Archive Date: 05/21/09 DOCKET NO. 07-10 359 In Fenderson v. West, 12 Vet. App 119 (1999), the Court emphasized the distinction between a new claim for an increased evaluation of a service-connected disability and a case (such as this one) in which the Veteran expresses dissatisfaction with the assign- ment of an initial disability evaluation where the disability in question has just been recognized as service-connected. VA must assess the level of disability from the date of initial application for service connection and determine whether the level of disability warrants the assignment of different disability ratings at different times over the life of the claim-a practice known as "staged rating."

Bottom-line is YES. I receive regular military retirement [22 years]; 100% VA Disability; SSDI; and Federal Employees Retirement [FERS], without any $$$$ offsets. While working as a Federal Employee, I had a 2nd heart attack and was told to submit a request for FERS Disability, which I did. When I turned 62, my FERS Disability was transferred to regular FERS retirement. At age 62, my SSDI was changed over to SS retirement, and there was no reduction in money. In fact, my yearly income statement from SS still shows the income as DISABILITY, which helps with not having to pay any State Income Tax. One good thing about receiving SSDI is that it pays a lot more than regular SS retirement.

Smirak, As to your C&P exams. I assume that you went into the VA Health Records, with using the BLUEBUTTON from eBenefits. I had two C&Ps this past year, and both are still in my VA Health records [i do not use the VA for any medical visits - use a private doctor]. However, three other C&Ps from a few years ago are no longer showing up. I have recently read about many vets are complaining about their C&Ps just disappearing. So, if you're trying to get copies of your C&Ps, you'll have to request them using the 'FREEDOM OF INFORMATION' application.

Or is the S/C saying that the Removal of the Gallbladder was due to these SYMPTOMS. I believe that if they are saying NO SYMPTOMS FROM, it would state RESIDUALS FROM as stated in other S/C that I had exampled. That's why I'm looking for their definitions.

Sorry, my typing mistake. Rated under 7318 S/C at 0% And my question is how can they rate it for RESIDUALS when it is stated as SYMPTOMS? Example: S/Cs 5298/5056/5055/5054 and etc [RESIDUALS] vs. 9440 [sYMPTOMS] 7617; 7618; 7619; and etc [REMOVAL OF]

Okay, here's the deal. I have looked everywhere in the CFR, VA's Regulations, FAST Letters, Legal Opinions, and etc., but could not find how VA defined the 2 words: Symptoms & Residuals. Situation is that the VA Little Rock's RO rating for my Gallbladder, removal of [with xxxxx SYMPTOMS] SC 7418, only refers to RESIDUALS, with no mention or reference to SYMPTOMS. In looking up the definitions in several dictionaries [Legal, Medical, and Common] for the 2 words meanings, there is NO WAY the 2 words can be used in conjunction with each other. Simply put, SYMPTOMS are the before, while RESIDUALS are the after. So, how can VA rate something with using RESIDUALS instead of SYMPTOMS? Finally, the 2 words are used throughout the CFR's Schedule of Ratings, for different disabilities, and it appears [to me] that the words are specifically used. THANKS

http://www.warms.vba.va.gov/bookc.html The above website should contain the answers you are looking for. Good luck......and yes, sometimes it takes a long time. Mine has been in the process for 2 years 11 months.....