I Am Suprised By The Iris Email Answer To My Question!

[jecsb4]

Ok, It’s me posting again. Sorry for all of the posts, but I would like the expert advice of the Hadit members.

On my initial claim I was awarded

10% left foot hammertoes / bunions

10% right foot (same issues)

10% severed wrist ligament

0% flatfeet and fasciitis, denied lower back spasm’s due to feet, denied depression.

Well I NOD the VARO initial decision and then got the SOC and my 0% feet increased to 30%. They did not even mention my depression or lower back!!????

So, I calculated my new rate as 50% and sent IRIS a question about my new rate and after 8 days they finally responded and said “The appeal team has made a partial grant decision. You should be receiving a award letter soon. Unofficially, it appears you will have a combined rating of 80%...”

So what does combined mean? Does it really mean I am at the 80% for compensation purposes? In the SOC it says “this is a partial grant of benefits based on appeal”? Finally, why didn’t they address my other issues? I also would like to know how they arrived at their rating and what conditions they covered.

Thanks all for your help.

Joe

[free_spirit_etc]

If it said the SOC was a partial grant - perhaps they were not finished with your claim. So maybe they decided the other issues after that.

Free

Ok, It’s me posting again. Sorry for all of the posts, but I would like the expert advice of the Hadit members.

On my initial claim I was awarded

10% left foot hammertoes / bunions

10% right foot (same issues)

10% severed wrist ligament

0% flatfeet and fasciitis, denied lower back spasm’s due to feet, denied depression.

Well I NOD the VARO initial decision and then got the SOC and my 0% feet increased to 30%. They did not even mention my depression or lower back!!????

So, I calculated my new rate as 50% and sent IRIS a question about my new rate and after 8 days they finally responded and said “The appeal team has made a partial grant decision. You should be receiving a award letter soon. Unofficially, it appears you will have a combined rating of 80%...”

So what does combined mean? Does it really mean I am at the 80% for compensation purposes? In the SOC it says “this is a partial grant of benefits based on appeal”? Finally, why didn’t they address my other issues? I also would like to know how they arrived at their rating and what conditions they covered.

Thanks all for your help.

Joe

[Pete53]

Call 1 800 827 1000 and see what they can tell you. If you are at 80% something else must have been awarded. If you are not working now you can get TDIU 100%.

Good Luck

[jecsb4]

Call 1 800 827 1000 and see what they can tell you. If you are at 80% something else must have been awarded. If you are not working now you can get TDIU 100%.

Good Luck

Thanks Pete,

It's a weard feeling, almost one like vindication after a long jury trial for murder that was stacked agaainst you by a biast prosecuteR. I don't know if I should feel uforia or very cautious optomism.

Joe

[Berta]

Boy- I know that feeling-

VAOLA PARANOIA- even if it sounds good I get cautious of what Iris says-

But I dont believe anything until I have the cash in my hand.

My daughter home -for a few days from DC- asked me why I have my SSA direct deposit but the VA check still comes to the mailbox.

I said Honey- that DIC check was such a long battle I still dont believe it until I see the actual check in the mailbox every month.

I am going to assume something- hope I dont turn into an ass-

I assume that if the partial grant is up to 80 % they should definitely be considering you -per their own regs-for TDIU- and if you have filed the TDIU form yourself already- they will either grant the TDIU (100% rate)or give a reason why they denied TDIU- that perhaps you could argue against right away with a reconsideration request and additional medical evidence (like -if the partial gives you some retro-maybe good time to get an IMO and sew up the TDIU.

Or maybe they will send you the TDIU form if you havent submitted it yet.

This is why I always say to send it in regardless of the % you get-if your SC -even if not rated yet-prevents you from working.

Only 70% or more will trigger the VA to send it or consider it.

[Vike17]

When the VA makes a partial grant in benefits sought on appeal, it means they have granted soem of the issue(s) on appeal but not all. You should receive a rating decision outlining the issues granted and a SOC outlining the issues that weren't granted. Also if the VA did not mention some issues in the SOC or rating decision, then it is also possible that those claims are still pending with the DRO. Maybe due to further developement or something of that nature.

One thing to keep in mind is that you'll also receive a SOC if the issue(s) you appealed were granted but the highest rating according to the rating schedule couldn't be assogned. This is because when a claimant appeals an issue, the VA automatically assumes that you are seeking the highest amount of compensation allowable. So let's say you initially received a 30% rating for PTSD and the DRO then raised to you 50%, you would still receive a SOC outlining why they could not assign the 70% or 100% eveluation.

Vike 17

[jecsb4]

All,

Thanks for your replies and information.

Berta, I have not applied for TDIU as of yet. What are the general rules if you are employed, even if you are underemployed based on your disabilities? I assume you can't apply if you do have a job.

I do believe that I will not be able to keep working much longer based on my SC disabilities.

Joe