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100% Plus Multiple Ratings?

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Afsp377th

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Hi everyone, hope you all are safe and sound in mind and body this day. I am having trouble with the VA system here in Corpus Christi but thats not what I am gonna post :)

Any whoo...I received a rating of 100% for PTSD with 20% for Major Depression and 40% for Invertable Disc Syndrome and another 20% for arthralgia and knee pain. I dont know how this adds up. I havent gotten my envelope yet but my VSO told me the ratings and to wait for the ruling which he said will stay the same. One thing I have learned is dont pay any attention to the DAV. Any way I know 100% pays a X amount of $$ what does the extra percentages mean? I am out of all of my meds so I am a little emotional and cranky so dont mind me. just been crying all day and pissing myself off. Any help would be appreciated. My email is Corey_hearn@hotmail.com if anyone wants to shoot me a letter :) holy shit I feel like crap.

6petersons,

Can you provide a link to this info you are talking about. Although I agree with Carlie and Pete, I would like to see the info you are stating. As for the 10/20 rule I know for a fact it is as stated by Carlie. No one is trying to criticize you, so please don't feel that we are. We just want to clarify the facts for you.

Bergie

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http://www.1.va.gov/...ompensation.pdf states how you are entitled to IU

and

https://www.gibill.v...35_Pamphlet.pdf

I will have to get back to you on the rest but all can be found at www.va.gov

Once a veteran is awarded P & T either 100% TDIU P & T or 100% Schedular P & T the benefits are the same.

Being awarded 100% TDIU P & T or 100% P & T will also be awarded Chapter 35 DEA Dependent Education Assistance, CHAMPVA, Military ID Card, Life Insurance, and state benefits depending on the state where the veteran lives.

A veteran can be awarded 100% TDIU but if it is not considered P & T the veteran can lose the 100% TDIU rating back to his/her schedule rating but if the veteran is 100% TDIU P & T it would be harder for VA to reduce his/her rating.

Hope This Helps.

e-CFR Data is current as of June 23, 2010

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

Protection

§ 3.951 Preservation of disability ratings.(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.

(Authority: 38 U.S.C. 1155) (b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

§ 3.957 Service connection.

Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.

Edited by pacmanx1
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