Finally

[SLEDGE]

After all of the crazy crap that the VA idiots wrote about me in the 80's, today I got service connection for Briquet's Syndrome at 30.

Back to 1984 when I first filed.

It pays to keep claims continuously active.

Last year they admitted that fibromyalgia and Briquet's are separate conditions and have to be rated separately according to the criteria for each.

I wonder if 10+10+30+30+70 comes out higher than 80?

I think I'll sleep better tonight.

sledge

[LarryJ]

Using a combined ratings table online I get the following:

70% + 30% = 79%

79% + 30% = 85% (which is rounded up to 90% because of the final 5)

90% + 10% = 91%

91% + 10% = 92%

I wish to explain that V.A. goes by residual earning capacity, the amount left after the disability (ies) are subtracted from 100%. When you subtract 70% for the primary disability from 100% you get 30% residual earning capacity. You then multiply the remaining 30% residual earning capacity by .3 for the 30% second disability and you get 9%. You add that 9% back onto the 70% primary disability and you get 79% for the combined first two disabilities. You then subtract 79% from 100% and you get a residual earning capacity of 21% after the first two disabilities. Multiple that 21% by .3 for the other 30% disability and you get 6.3%. Add that 6.3% back onto the 79% and you get 85% which is rounded up to to 90% combined rating for the first three disabilites because of the final 5 in 85%. You then take the 90% and subtract that from 100% and you get a residual earning capacity of 10%. Multiple that 10% residual earning capacity by .1 for the 10% fourth disability and you get 91% combined rating for the first four disabilities according to the V.A. rating table. Then if take that 91% combined rating and subtract if from 100% you get a residual earning capacity of 9% after the first 4 disabilities. Multiply that 9% residual earning capacity by .1 for the 5th disability and you get 92% combined rating for the first 5 disabilities according to the V.A. combined rating table.

Don't forget that somewhere you have to consider whether a 10% bilateral factor must be added for any paired extremities. You can see I really don't understand whether any of your conditions involved paired extremities.

Now V.A. may possibly try to use the date of your TDIU claim as the effective date of a 100% rating. This would be wrong if you have been unemployable and totally disabled since the date of receipt of the claim, you have provided evidence of this, and you have kept your claim in continuous prosecution by timely appeals. If so, you'll have to argue for an earlier effective date based on CUE under 38 CFR 3.400 (q). Also if you began receiving SSD in the one year before the date of receipt of the claim then you don't want to overlook 38 CFR 3.400 (o). Also don't forget about 38 CFR 3.157 ( (b)and 38 CFR 3.155 when V.A. determines your effective date. (I'm being sarcastic). You need to find all of your old rating award letters and arrange them chronologically by date. You then want to find V.A. compensation rating tables online for each year involved in your award. You need this so you can subtract what you have been previously paid for your prior awards from your new ratings so you can make sure your lump sum V.A. check is correct.

Congratulations, Sledge on your win. All of us here at hadit hope you'll continue to hang around here and help other veterans win. Remember that if you continue to help others you can perhaps prevent V.A. from putting them through the torture you went through. My family went through a lot of V.A. torture. That is one of the reasons I volunteer at hadit. Although volunteering here started out for me as revenge on V.A., it has become very gratifying for me to help veterans and their families here. Good luck in spending your money. Be careful in spending your award. I suggest you buy a house in a state with a disabled veteran property tax exemption. Our family bought a small economical motor home our first purchase after my husband won and we searched through 5 states for a house we could buy on my husband's award. I suggest you consider moving to somewhere where you can live on a fixed income.

BY DAMN! Somebody that finally explained "VA mathematics"!

BTW, Texas now has NO property taxes, NONE, for 100%'ers. No community college taxes, no road or bridges taxes, nothing is taxed based on your property value.

For us it was like getting a $5k a year raise!

We've got our eye on some really nice property in Corpus Christi, 100 yards from the beach on the Gulf of Mexico. Before this new property tax break, I couldn't bring myself to pay the taxes inherent with a piece of property with the exclusivity of that property. Now, I can handle it. Porch all around on the second level, garage and shop all on the first level w/slip at the marina. We can sell this place that we have, in the fastest growing city in the USofA for twice what we paid for it (which isn't bad considering the black hole that our economy has become) and pay 60% of what the Corpus Christi property WAS selling for, two years ago. Money in the bank. Good.

[carlie]

Sledge,

GREAT NEWS ! !

Do you know how far they are going to retro the separate ratings ?

carlie

[deltaj]

BY DAMN! Somebody that finally explained "VA mathematics"!

BTW, Texas now has NO property taxes, NONE, for 100%'ers. No community college taxes, no road or bridges taxes, nothing is taxed based on your property value.

For us it was like getting a $5k a year raise!

We've got our eye on some really nice property in Corpus Christi, 100 yards from the beach on the Gulf of Mexico. Before this new property tax break, I couldn't bring myself to pay the taxes inherent with a piece of property with the exclusivity of that property. Now, I can handle it. Porch all around on the second level, garage and shop all on the first level w/slip at the marina. We can sell this place that we have, in the fastest growing city in the USofA for twice what we paid for it (which isn't bad considering the black hole that our economy has become) and pay 60% of what the Corpus Christi property WAS selling for, two years ago. Money in the bank. Good.

I am the person who explained it. Your comment made my day! I forgot to explain in my original post that disabilities are combined in descending order from highest to lowest. I read my post to my husband and I got halfway through it when he said, "Are you for real?" I got quite a laugh out of that.

Delta Jackson

Edited July 22, 2009 by deltaj

[cowgirl]

WOW Yay, way to go, Prayers answered and I sure hope you are more comfortable with the results~! Like many say, read and re-read everything, easier to appeal anything sooner than later~!

Standing on my head for ya, Yipeee!1

Cowgirl'up2009!

[allan]

Congratulations Tom!!!

The VA nearly drove me crazy for a while. Your claim has given me hope.

[mags1023]

Larry;

I was stationed in Corpus in the navy for 7 years total. I loved it. Just moved from there (Aransas Pass) 2 years ago and would love to get back there. Where is the property you're going to buy? The Flour Bluff area?? Good luck!

BTW way to go Tom!!