Va Mistake?

[usmc0599]

hey guys,

i just received a decision for increase from he VA. i was awarded a10% increase for upper extremities secondary to my cervical arthritis. the increase put me at 60%. but, there lies the issue. im receiving 30% for pes cavus, 10% for left foot scar, 10% for right foot scar,10% for cervical arthritis and 10% for upper extremities pain ( fingers, shoulder, arms). according to the VA calculator, thats a solid 54%. which means im still at 50%, but the letter states that im at 60%. am i missing something here?

[halos2]

USMC 0599 Here goes: 38 CFR Ch.1 (7-1-05) 4.25 pgs 370-371

Combined Ratings System

30%rating=30 (30 for pes cavus)

30%+10%= 37 (10 for left foot scar)

37%+10%= 43 (10 for rt foot scar)

43%+10%= 49 (10 for cervical arthritis)

49%+10%= 54 (10 for upper ext pain/shoulder/arms/fingers) which was where you were rounded down to 50%

54%+10%= 59 (10 for increase to upper ext secondary to cerv arth.)which rounds up to 60 where you are now 60%

Don't you just love VA math(barf)

No bilaterals listed, just straight forward % listed for disabilities granted.

Hope this helps you understand this better. You are at 60% as so stated by the VA to you. Make sure they go back to the correct amounts date wise. ie how many months/yrs...check on the amounts per rating schedules for the years for all of your back pay. You should get a back pay deposit then the 60% deposit for the next month and thereafter. Good luck. :)

Edited December 20, 2009 by halos2

[carlie]

Did you have two zero percent ratings which would equal one 10%?

bronco,

Keep in mind that the only time two zero percent ratings would equal 10 %

is if the claimant has no other SC'd disabilities that they are being

compensated for and that the two or more zero percent ratings must be

considered by VA as permanent.

carlie

§ 3.324 Multiple noncompensable service-connected disabilities.

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

[40 FR 56435, Dec. 3, 1975]