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Can Someone With More Brain Cells Than Me Read This?

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JHawks

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JHawks Community Regular

JHawks

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Mr.. Hxxxx,

I have actually looked at your file and saw that it is being worked and actually in draft form. The individual that completed the draft simply added the chapter 35 contention (this is not an issue) if you qualify it simply means that they will award this additional benefit. I am only allowed to give you the information that is available and that is all. Some cases are being worked by our newest raters and has to go through a more experienced rater before the final decision is made. The newer rater just felt that Chapter 35 benefits may be appropriate. So, as I said be patient and wait for the rating. They are looking at the bilateral carpal tunnel--they just left off that it was secondary and the Chapter 35 is provisional.

Janice

70% SC Disabled Vet

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carlie Grand Master

carlie

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Mr.. Hxxxx,

I have actually looked at your file and saw that it is being worked and actually in draft form.

J - the above is good to see, it will be nice when it is finally completed and a decision is promulgated.

The individual that completed the draft simply added the chapter 35 contention (this is not an issue) if you qualify it simply means that they will award this additional benefit.

The newer rater just felt that Chapter 35 benefits may be appropriate.

So, as I said be patient and wait for the rating. They are looking at the bilateral carpal tunnel--they just left off that it was secondary and the Chapter 35 is provisional.

J - As I posted somewhere, if a claimant is 70 % or higher SC'd - VA is to infer additional benefits that the claimant MIGHT be eligible for,

things such as IU / Chapter 35, etc...

Carlie passed away in November 2015 she is missed.

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carlie Grand Master

carlie

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Do you believe the rater is looking at 100% if they changed the contentions of my claim to include Chapter 35 as part of my claim?

I do believe they are at least considering either IU or 100% scheduler.

Carlie passed away in November 2015 she is missed.

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hawkfire27 Rising Star

hawkfire27

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I agree with Carlie :-)

If they think that chapter 35 is an inferred issue (something to consider) then they are considering 100% rating, because Chapter 35 is granted to 100% scheduler P&T rated vets only.

But remember this doesn't mean you will get a 100% rating, just that the new rater has noticed that 100% is a possibility and therefore they have to note that chapter 35 would have to be considered too.

We are a Vietnam vet and vet's wife, we are not lawyers or VSO's we're just learning as we go.

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Philip Rogers Grand Master

Philip Rogers

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I'm going to go out on a limb on this. One must be either 100% or TDIU to be considered for Chap 35, as it is a benefit of being P&T. In order to be P&T, and considered/inferred for Chap 35, you must be 100% or TDIU. I personnally feel there's a good chance the rating will be, at minimum, 100% or TDIU, and may or may not include P&T. That's just my guess!

pr

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Philip Rogers Grand Master

Philip Rogers

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hawkfire27, Chapter 35 can't be an inferred issue until the claimant "is" rated 100% or TDIU. So, to me, the rating will be either 100% or TDIU. jmo

pr

I agree with Carlie :-)

If they think that chapter 35 is an inferred issue (something to consider) then they are considering 100% rating, because Chapter 35 is granted to 100% scheduler P&T rated vets only.

But remember this doesn't mean you will get a 100% rating, just that the new rater has noticed that 100% is a possibility and therefore they have to note that chapter 35 would have to be considered too.

Edited by Philip Rogers
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