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gemsurf

Va Fuzzy Math Question

Question

I have a 10% rating for the past 35 years on my left knee. I "anticipate"(I know...) getting a favorable ruling for both hips (DJD), my low back(DDD) and my right knee(DJD) being secondary to my left knee at some point in the near future. It seems I read somewhere that when all the disabilities are of the same etiology (ie- caused by left knee) that the percentages are added normally instead of the normal VA fuzzy math.

For instance-

40 low back

30 left knee

10 Rt. hip

10 Lt. hip

10 Rt Knee

69% Rounded to 70% with Fuzzy Math or

100% using normal math because the disabilities are of a common etiology.

This is correct, isn't it?

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I have a 10% rating for the past 35 years on my left knee. I "anticipate"(I know...) getting a favorable ruling for both hips (DJD), my low back(DDD) and my right knee(DJD) being secondary to my left knee at some point in the near future. It seems I read somewhere that when all the disabilities are of the same etiology (ie- caused by left knee) that the percentages are added normally instead of the normal VA fuzzy math.

For instance-

40 low back

30 left knee

10 Rt. hip

10 Lt. hip

10 Rt Knee

69% Rounded to 70% with Fuzzy Math or

100% using normal math because the disabilities are of a common etiology.

This is correct, isn't it?

gemsurf

I never heard of that. All disibilities are added using the fuzzy VA math BS.

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I have a 10% rating for the past 35 years on my left knee. I "anticipate"(I know...) getting a favorable ruling for both hips (DJD), my low back(DDD) and my right knee(DJD) being secondary to my left knee at some point in the near future. It seems I read somewhere that when all the disabilities are of the same etiology (ie- caused by left knee) that the percentages are added normally instead of the normal VA fuzzy math.

I have never read or even heard of this. Being rated at 70%, the veteran can file a claim for TDIU and be paid at the 100% rating but that is not 100% schedular

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I found it in the below reg. I take this to mean that they can be combined to meet the minimum requirements of 60% for a single disability, or to reach the 70% or more, for purposes of qualifying for TDIU, but not for your total rating. It makes more sense now.

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 4 - SCHEDULE FOR RATING DISABILITIES

subpart a - GENERAL POLICY IN RATING

4.16 - Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S.

Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct.

8, 1996]

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I found it in the below reg. I take this to mean that they can be combined to meet the minimum requirements of 60% for a single disability, or to reach the 70% or more, for purposes of qualifying for TDIU, but not for your total rating. It makes more sense now.

TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 4 - SCHEDULE FOR RATING DISABILITIES

subpart a - GENERAL POLICY IN RATING

4.16 - Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S.

Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination. (Authority: 38 U.S.C. 501) (b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation and Pension Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct.

8, 1996]

gemsurf

What it boils down to is this; (1) To be able to claim TDIU, ONE of your disibilities has to be rated 60%, or, (2) A total rating of 70% or more WITH ONE being rated at 40%. (3) There's another way, if you don't have either one of these you can still apply, but you really have to be perty bad off. ( Title 38, extra-schedular concideration ). Hopes this helps a little more gemsurf.

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