Unbelievable The Vba Allowed Service Connected Injury, Rest Of Claim Remanded Back To Amc

[Guest RJMacReady]

I am truly amazed, after over 10 years, the VBA that received my file and appeals claim denial from the AMC(Again!) along with my complaints about the AMC denial has allowed for one of my service connected injuries, although the rest of my claim has been remanded back to the AMC for development and is unhappy apparently as to how my claim has been handled and that I will be scheduled for C&P exams(Again!) geez.

So what exactly does this mean now, as I was told that the allowed service connected injury will go to the regional VA office for a rating, is there a chart to show what rating percentages are given for what service connected injuries?

Thank you.

[john999]

Ratings for SC conditions are based on degree of disability caused by a service connected condition. You will just have to wait to get the rating from your VARO. It depends on exactly what your disability is and how disabling it is to figure a rating. It is just guess work until the VA rates you. If the rating is too low according to schedule for rating your disability then you can appeal.

[Guest RJMacReady]

I had just heard is all that there was some sort of list or something in order to get a generalized idea such as tinnitus usually seems to rate a 10% for instance more often than not, but I guess not then as that might be too difficult to predict and all.

So since it was allowed then I take it that I should get a percentage rating at some point and probably retro for it perhaps too I would imagine or could I get service connected with 0%, how long does it normally take for this to occur, or is it like anything else in the VA, when you have forgotten about it something may happen months to a year or more later?

[LarryJ]

Yes, to answer your question, there is a "list", a "schedule for rating disabilities"...................... http://www.access.gpo.gov/nara/cfr/waisidx_08/38cfr4_08.html .........you'll need to "look up" what your "disability" is and then decide what degree of disability that you have (the "seriousness" of your disability) according to the listing/rating.

It is, of course, as has been previously mentioned, a hit-or-miss proposition, and certainly NOTHING that could be construed as "cast-in-stone" nor anything that could be "carried-to-the-bank"!

But, it is something that will give you hours of entertainment while you waste away, waiting for the "letter" to come in the mail!

[Notorious Kelly]

Congratulations, RJ - I hope that you get all you deserve and soon!

[john999]

To give you an idea of the variability of ratings I got rated 0% for CAD. How is that possible you ask? I asked the same question and got more tests and appealed the rating. I then got 60% rating for CAD. So I went from the VA saying you have a heart condition that is not a disability to one with a pretty severe disability. How could they make such a mistake? I had a very poor C&P exam. Some ratings for certain conditions on the schedule are more elastic. They all have certain benchmarks for rating percentages. For mental conditions like depression you can go from 10% to 100% with three or four levels inbetween depending on your symptoms and your documentation from a good doctor. I would suggest appealing all your ratings if their is slightest doubt in your mind about it. Unless you get maximum rating I would appeal. If you are able to work and carry on life the main thing is to get service connected. 30 years from now you may really be disabled from those conditions.

[allan]

The AMC will string you along for decades. You have to put your claim in the hands of the BVA in order to recieve a final decision.

Once the BVA gives you a final denial, than your claim can go before the court, (CAVC) to be decided.

The maximum rating for chronic, bilateral tinnitus is 10%.