hypertension Va May Be Cheating Vets With It's Calculator

[Bossman]

Here in Atlanta our VA is so far behind that it send simple stuff to other states to process. Recently my records were sent to Seattle, WA to be processed. Now this is funny becasue it has to be to keep me from snapping. I have been fighting VA for 6 years on this one request for increase. In February 2004 I was approved for increase from 40% to 80%. They rated me wrong so I appealed. One year later my quadricep tendons snapped, SC for knees. I never recovered. I was already rated 10% on each knee for instability. After my right leg became basically useless, I was given another 10% on my right knee. I was ruduced to 60% and with the 10% moved back to 70%. I was still awaiting my BVA hearing.

As of today I am still awaiting the BVA hearing I requested in November 2006. As I stated earlier my records was sent to Seattle, WA in October to be processed. Along with my files a letter from my doctor stating that I could not work full time and no substancial, gainful employment. I filed for TDIU in 2006 also.

In the beginning of December 2009, Seattle, put my rating back to where it was in 2004, 80%. They change my effective dates and still have me stuck in the VA process.

I am sure that I should be rated at 90% without TDIU or 2 of my 10% ratings for cold weather injury to my left and right foot.

My ratings:

Left shoulder 10%, Right shoulder 20%

Left knee 10%, Right knee 20%. Add together and then add 10%, that is 66%, right? These are Bi-lateral.

Now combined with:

30% Eczema

30% Hypertensive Heart disease

10% Hypertension

10% cold injury right foot

10% cold injury left foot

This does equal more than 85%, right? And by the way they denied me TDIU even though my surgeon said that it is not likely that I will improve.

Help me to keep laughing, it is really hard. Should I be 90% or not?

Edited December 16, 2009 by Bossman

[jbasser]

You need one at 40 to qualify for IU.with a combo of 70 that included a single 40 percent disability.

That may be their logic.

J

Edited December 16, 2009 by jbasser

[john999]

I bet denying a 40% rating for a single disability is their logic. Without a single disability rated 100% you never get to 100% schedular. I would take a bead on one disability that I could get over 30% for and work on that to get it up higher. Once that is done then the IU is very doable.

It seems to stick in the VA's throat to award a vet IU if he does not have a rating of at least 60% overall and 40% for a single disability even though the regs state that the policy of the VA is to grant IU to any vet who cannot work due to a service connected disability. In reality, if they are going to grant IU they will bump you up to at least the right percentage to get you there. I think that is so that is so that they can continue to deny many vets who have been low balled the benefits of IU. My cynical opinion. I mean if you have five disabilities rated at 30% each you probably can't work, but you won't get IU.

[pacmanx1]

I maybe wrong or off but since your claim is still pending, it could be possible that the BVA may grant the IU. There are a lot of times a veteran's claim has to go to the BVA to get a better decision. As I said, I maybe wrong so don't quote me because I don't know all the information in your file. You have already filed for TDIU and it will have to go to the BVA and they can make the decision or request the local VARO to consider your claim and if denied, it still has to go back to the BVA. If you were notified early in December by Seattle VARO, they should have stated something in the award letter about your claim for TDIU. Did they send an additional letter stating that they are working on your claim? It sound like it is not over yet. You might want to send an IRIS or call to ask for the status of your BVA hearing

Edited December 16, 2009 by pacmanx1

[Ricky]

You need one at 40 to qualify for IU.with a combo of 70 that included a single 40 percent disability.

That may be their logic.

J

This statement does not help either:

"Along with my files a letter from my doctor stating that I could not work full time and no substancial, gainful employment"

I assure you that no matter what your doc said about "substancial, gainful employment" he/she left the freeway open to the fact that you could work part-time in which I promise you that the VA will consider "substancial, gainful employment".

[Bossman]

This statement does not help either:

"Along with my files a letter from my doctor stating that I could not work full time and no substancial, gainful employment"

I assure you that no matter what your doc said about "substancial, gainful employment" he/she left the freeway open to the fact that you could work part-time in which I promise you that the VA will consider "substancial, gainful employment".

The exact wording is, "After review of this veteran's Medical Treatment Records, it's my professional opinion, due to his service connected conditions, which are chronic in nature, this veteran is unable to secure or follow any (substantially) gainful occupation."

Also, my numbers, do they work out to 90%?

[JR Reihs]

I came up with 81.4, without the bilateral factor. As far as the 40% for 1 injury to get IU, I think the VA must take into account that this Vet meets this definition by way of the muskoskeletal........both legs, feet and shoulders.

30

30

20

20

5-10% = 81.4...with all bilaterals added you may have in fact gotten to 90%.