Berta Help - Got My Rating

[Mark]

Hi Berta,

I got my rating today from the VA. RThey rated my loss of vision from migraines as 30%. They granted it and rated based upon the Dr's reports and the evaluations - all conducted by the VA, but tthe Dr said it was permanent in nature but they did not grant me P&T. I was 100% before. They said no change in my status. I was already 100% scheduler so I am just adding another 30% rating. The letter states that the arting is based upon "impairment of field of vision is based upon objective testing" Goldman visual feild testing revealed your response, fixation and reliability good. Field finding of your left eye were not within normal limits as you were unable to see the fixation target without a red light at the time necessary for fixation and your vision was mapped at a concentric of 3 degrees centrally.

They go on to say that they have assigned a 30% disability based upon based upon unilateral visual field concentric contractions to 5degrees or less. Higher evals are assigned for more severe levels of impairment.

OK. hereis my question. 1) If the Dr says it is permananet in nature and it has been going on for 4 or 5 years why not grant me P&T? 2) if I have 3 percent vision or on my best day 5 why throw in the line about higher evals are reserved for worse vision loss?

What should I do file a NOD or a CUE?

Mark

[john999]

Mark

If you get TDIU or 100% schedular and you are denied Chapter 35 benefits (P&T in reality) then I would appeal the denial of the Chapter 35 right away. I say this because that is what I did. By the time my appeal for denial of Chapter 35 got to the DRO a year had passed. What the VA said was that since I had not improved in the last year they would award me Chapter 35 (P&T). Why wait five years and then have to wait another year while the VA decides to grant P&T. With all your problems 100% schedular would be better than TDIU since you have a good shot at SMC.

[Jay Johnson]

I agree with what berta said with one exception - I'm not sure you can NOD any of the other disabilities unless the decisions were recent. Obviously, you need new and material evidence to reopen an existing claim if the NOD time has expired.

It sounds like you are fairly safe in your current rating so NOD the recent decision and ask for P&T and SMC. If that comes back with a decision you disagree with then try and get some new evidence to suggest your other disabilities have gotten worse and open claims on each of them for P&T and SMC. Given your over-all condition, my guess is that the RO will grant at least P&T (at some point) and hope you go away...you could keep them VERY busy otherwise with minimal effort on your part.

Edited March 30, 2006 by Jay Johnson

[Berta]

Jay- yes-yes you are right and I am wrong-

I thought these were in the same recent decision- you are right!

maybe listed with the percentage but -as you say-

this decision was only specific to some issues-

sorry bout that---I LOVE the advise you gave at the end!

[wallyg]

Sorry about my error - don't have time for research these days.

The one factor that stands out, is that with the information that Mark has provided, he was officially at 95%, before this latest award, (including one bilateral for knees),and he is STILL at 95%, since once you get to that point, there are no more point values to awards.

If any other awards are bilateral, it is possible to be higher than 95%, but it all rounds off to 100% anyway. What I don't know, and haven't been able to find out, is what the VA does with any awards that are NOT counted in the 100% schedular award?

For example: After reaching 95% (including the latest 30%), Mark has 5 @ 10% left over. Are they all combined to make 40% additional, toward the 60% he needs for SMC?

[Mark]

Thanks to all of you for replying. I am working and a gov employee. I have missed over 120 days due to my service connected illnesses. I am in the voc rehab program and have about 2 more years left before I finish. That part is solid. I have just over 3 years of gov service. I was hoping to reach 5 years as I was told that was the magic number to reach to be vested and then go out on medical retirement, as I knew I would never do 20 years and then retire. I retired from the Marines in Jan 2002. I was initially rated at 60% and my rating has been going up as my condition has been further worsened. My migraines is the main issue but along with all of the other issues it all comes in to play. Bottom line is missing work and being this ill I will never be able to work forever. I am already 100% scheduler so I was told no need to file TDIU as I am working. I am desperately hanging on to reach 5 years. Just not sure I can reach it. My ultimate goal is to do online teaching from home as I am working towards my advance degrees. I have 3 kids going to college. 2 in the first year this year and one going this summer. Being blind in one eye is no great help and always being sick is tough. Loss of use in ine arm is becoming an issue as well. The skeletal issue effects my neck and shoulder as well. Sad story and could very easily be a country song so I have been told.

Any suggestions..............

Mark

[john999]

Mark

If you are under FERS it is 18 months of civilian service before you can apply for disability retirement. Go to your personnel office and get the publication on disability retirement. Are you a federal employee?