ptsd Getting The Shaft On C&p

[souldeliverer]

PLEASE HELP ME!!!

I am an Iraq veteran rated 100% PTSD, 30% migraines, 10% low back, 10% shoulder, 10% tinnitus, 10% L leg, 10% R leg. I recieved a call today from the regional office that they have reviewed my claim and decided I must be better, and are reducing me to a grand total of 90%!!!

First of all, I am not better. Secondly, they have me on hydrocodone, xanax, risperdone, lamictal, celexa, ambien, amitriptaline, motrin, and had me on morphine, but I stopped taking it due to side effects. I STILL have PTSD, and am ready to go ballistic on these people at the regional office.

Question: What chance do I have of winning my appeal/board meeting? I have not been an inpatient for like a year because I get worse when I go to the hospital and get locked up.

Please help. I just had a baby girl, and cannot live without my full benefits. I tried going back to work a couple years ago and failed miserably.

[souldeliverer]

Ok man this is how it works..... your highes rating is 70% that leaves you 30% non disabled. So your next highest rating is 30%. They take the 30% that is not disabled and take 30% from that. which is 9%. Then they add that to the 70% and that comes out to 79%. That means you are now only 21% nondisabled. so now you take your next highest rating of 10% from the 21% and get 2.1%. add the 2.1 % to the 79% to get 81.1%. that leaves 18.9% nondisabled. Now take your 2nd 10% from the 18.9% and you get 1.89%. Add that to the 81.1% and you get 82.99%. which leaves you 17.01% non disabled. Take your 3rd 10% from the 17.01% and you get 1.701%. Add the 1.701 to the 82.99% and you get 84.691%. That leaves you 15.309 non disabled. now take your 4th 10% from 15.309% and you get 1.5309% or 1.531% rounded up. add the 1.531% to the 84.691% and you get 86.222% which leaves you 13.778% non disabled. Take your 5th and final 10% from the 13.778% and you get 1.3778% or 1.378%. Add that 1.378% to your 86.222 and you get 87.6% disabled. This is your total rating. But the VA will round up to the nearest whole number which brings you to 90% total. I know its confusing but thats how they do it and they have never altered that i know of. Search for VA math and you will find a calculator that is an exel document. You can check my math that way if you like.

That is confusing and stupid, but I think I am tracking. Thank you.

[sixthscents]

Ryan is Exactly right on the basic math for a typical formula... but here where a lot of people miss things...

§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(a))

(;) 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 and Pension 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.

NOW what does this mean... well as stated injuries incurred in combat will be seen as a SINGLE injury... same for injuries of the same eriology, and injuries affecting the same system...

So how does that help me...well if I read your claim right MOST of your stuff is from combat... so it all has to be grouped together as ONE rating... not seperate. I just dont see how they can get you below the TDIU requirements even if they do lower your PTSD... since it too is combat incurred (i suspect)

Many people say I dont have a SINGLE 40% rating when in fact they do. Further the math gets funny when you are dealing with SINGLE ratings, they have to add them FIRST then do the reat. I havent done yours, but I dont see how it could go below 100% unless they really chop your PTSD.... even then youd be covered by TDIU... so what the point in it?

[sixthscents]

Plus theres a bilateral factor for both legs huh? I think you stated 10% for both legs, and yeah if they are saying that brings you to 90% they are ignoring all of this and just using straight VA math (which is bad enough huh?)....

Edited March 31, 2008 by sixthscents

[souldeliverer]

Plus theres a bilateral factor for both legs huh? I think you stated 10% for both legs, and yeah if they are saying that brings you to 90% they are ignoring all of this and just using straight VA math (which is bad enough huh?)....

What you hhave just said is the most encouraging thing I have ever heard. Yes, my PTSD is rated as chronic, severe, combat related. I guess all I really wanted to hear is that I have a chance at this. It will be a pain in the neck, but it sounds like I can win this battle.

How do I officially send my letter for appeals? Is it a form, or do I type a statement? Do I send it to the regional office, or hand carry it?

Has anyone else ever had a problem with their service orginization not returning their calls? I have been calling the DAV in Nashville for almost a week now with no returned call! I am thankfull you all are here to help me, or I would really be lost.

Thank you again.

Joe