Single Status Update
The VA/BVA claims, appeals created a big problem. I was diagnosed when I was Hospitalized for 6 months 2008 in the San Diego VA Hospital for Necrotizing Pancreatitis. During the BVA appeals, someone changed some of the wording from 'Necrotizing Pancreatitis', to 'Chronic Pancreatitis'. I need that corrected as they make a lot of decisions on diagnosis and medical issues. I am awaiting for the word from the BVA through my VA representative who worked my BVA case for me.
In Oregon they have VA representatives when you choose representation, like when you can choose a POA through the DAV, American Legion, or the VA has them too. I had no choice, a few years ago I needed help and they were the only help I could find. Now the BVA has only approved and given me the 1151 claim and denied the rest. The only claim left is TDIU, which no one would help me with because up until late last year I was only 60% (I have been un employable and totally disabled from 1995). Now I am at 90%. (it took until 2019 for the BVA to get it changed to 90%) But they low balled me badly, and I believe it is not only bad decisions at the BVA, but also because they wrote down the wrong disease in the decisions.
I cannot move on to the next POA, until the BVA has said they are finished with my claims (so my VA representative can be let go because the BVA appeals are finished), and I believe that the next step will have to be an NOD for the BVA decisions that used the wrong term, diagnosis. And that will be corrected with help by a paid POA I have retained (highly respected professional who is going to be my POA as soon as I can fire my current POA), but they cannot help me until the other POA is no longer my POA. I am awaiting word that all decisions have been made up until this point, by the BVA, so I can bring in some very good help with my appeals. Note: I have never before appealed BVA decisions before. From this point on it is new to me. Getting these bungled screwed up mistakes corrected. I don't understand how they can get away with doing this stuff !
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First things first, you should have one of the elders or moderators move your post to one of the other post where more can see and comment. I got called for another C&P, I think it might be for the TDIU, I try to apply for so many times and was told no... I was too low a percentage (they said I had to be at least 70%), though I have been unemployable since 1990. Again your post is a little off. There is no set rating for a veteran to file and or be considered for unemployability.
4.16 Total disability ratings for compensation based on unemployability of the individual.
§ 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 nonservice-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. Marginal employment shall not be considered substantially gainful employment. For 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 U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.
(Authority: 38 U.S.C. 501)
(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.
[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]
Based on section B it states "but who fail to meet the percentage standards set forth in paragraph (a) of this section". So at any prior of time to your upcoming rating, VA should consider you for unemployability. We always say that evidence is key but we also have to did into the regulations and use it just like VA does.
OK, so I went to the latest C&P exam, 3 days ago. The VA says they are going through my appeals and adding the pain I have been through, as pain is also suppose to be rated and added to your rating, so I brought in my medical records going back to t he 1980's showing the pain I have suffered from the injuries and diseases going al the way back and have been on morphine and narcotics for 40 years for severe pain. I brought in the medical records, even though they have had copies I submitted in the 1990's from outside hospitals that treated me and operated on me. So, I have a trail of constant medical care for both diagnosed and undiagnosed severe pain. If they rate me properly it should put me over the top, no problem. But, I don't trust them, even with the stacks of medical records, they will find a way to screw me, but I guess after a few months I will find out how they rate the undiagnosed and diagnosed pain. These are not just a few sheets of paper from the doctors, they are boxes of medical records showing al the exams, procedures, diagnoses, and medications. For decades. They also took my blood to check my liver for the C&P, since I have pancreatic disease.
Great Job, I am in your corner. I will say that in the past VA has been very lazy and inept to review and comprehend most document. I am hoping that they are better at these processes now. You Know getting rid of all the dead heads and lazy folks. Just keep them on their toes and make sure if you don't get what you want try your best to get as close as you can.