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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

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      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

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AM2 4MAN

Dro Results

Question

After electing to go the DRO way, earlier this year,today I got the piece of mail from the VA. After reading through the statementof case, it said that 2 of my ratings were being increased to 10% each and theother will stay at 0% effective Jan,2009

The packet of papers came with a VA form 9 at the back.

Now on the front it says under the What You Will Need To do- To complete your appeal,you must file a formal appeal. Does that mean that I need to fill out form 9with everything I stated in my NOD? I am happy with one of the three decisionsthat is stated in my statement of case that I received today, but I havemedical evidence that my symptoms are worse and getting worse on the other two.

My next question is regarding the pay; it says in the statement of case thatthe increases will be effective Jan 2009. I had one decision rating at 10% frombefore that I did not appeal. So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

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AM2 4MAN,

thanks for your service to the country.

In my opinion, I believe if you have 3 ratings at 10%, your combined rating with be 30%. There is a calculator on the site to use to determine it.

Maybe some other seasoned members will chime in as well.

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a. Disability - for pay purposes - is determined by Table i, 38 CFR 4.25 and by 38 CFR 4.26.

b. Yes. Anyway you compute the three 10%s will round up or down to 30%

c. Yes

Also, at 30%, you qualify for the additional kicker for dependents (if you are married and/or have dependent children). In your award package, there should be some statement about this and also a VA Form 21-686, Declaration of Status of Dependents. My suggestion ... fill it out.

(snip)

So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

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After electing to go the DRO way, earlier this year,today I got the piece of mail from the VA. After reading through the statementof case, it said that 2 of my ratings were being increased to 10% each and theother will stay at 0% effective Jan,2009

The packet of papers came with a VA form 9 at the back.

Now on the front it says under the What You Will Need To do- To complete your appeal,you must file a formal appeal. Does that mean that I need to fill out form 9with everything I stated in my NOD? I am happy with one of the three decisionsthat is stated in my statement of case that I received today, but I havemedical evidence that my symptoms are worse and getting worse on the other two.

My next question is regarding the pay; it says in the statement of case thatthe increases will be effective Jan 2009. I had one decision rating at 10% frombefore that I did not appeal. So now I will have 3 ratings at 10%. How does theVA determine the total disability pay for this? Will my rating still be 10% orwill increase? And if so will I get back pay to Jan 09?

AM2,

Congrats on the positive portions of your recently adjudicated issues.

Another example of favorable decisions on a SOC.

The 3 - 10 percent ratings equal about 27.1 so VBA will round up and pay comp at 30 percent.

Your back pay should be the difference in the 10 and 30 percent comp amounts, for however

many months back to Jan 09.

Here's a link to the comp rate tables to help.

http://www.vba.va.gov/bln/21/Rates/

Here's a link to the rate tables so you can figure a rough amount out for now.

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http://www.hadit.com..._calculator.php

Keep the above link for future ref.

10+10+10=27.1 rounded up =30%

Also, your ED is Jan 09, the date your retro starts.

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Don't forget you have 60 DAYS to summit the form 9. Contesting your claim for higher ratings, on the SOC there's an explanation of why VA couldn't assign the next higher rating allowed by the rating schedule. If you think your new evidence warrants a higher rating, then simply state that on the form 9 and attach your evidence to it. Either hand carry it or mail certified w/return receipt to your RO.

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    • Howdy all,

      The VA DRO denied my claim for an earlier effective date for my sleep apnea. They originally denied it in 2008 but granted it in Nov 2019 secondary to my GERD. I was rated for GERD in 2001. So I had it in 2008. I have attached the 2008 denial, 2018 approval, and the NOD SOC. All of my medical files and the medical articles and VA Citations referenced were in existence in or before Jan 2008. The only new items were the NEXUS letter from Dr Bash and a few extra buddy letters. The original denial states that my medical records show no diagnosis or treatment and only isolated complaints of symptoms. The denial does not even list my wife's or my lay statements as evidence reviewed. I have symptoms listed numerous times in my SMRs:

      a. Medical visit dated 24 Feb 76 for problem sleeping and depression.
      b. Physical exam dated 24 Jan 79 listed frequent/severe headaches" dizziness, and
      nervousness.
      c. Physical exam dated 07 Nov 83 listed frequent/severe headaches.
      d. Physical exam dated 16 Jan 85 listed frequent/severe headaches.
      e. Admitted to hospital 05 Aug 86 for chest pains and anxiety.
      f. Medical visit dated 14 Jul 87 for problem sleeping and morning confusion.
      g. Physical exam dated 25 Feb 88 listed dizziness.
      h. Physical exam dated 07 Oct 91 listed frequent/severe headaches
      i. Physical exam dated 25 Aug 93 listed headache.
      j. Hernia repair surgery dated 22 Ang 94 surgeon had to insert devices of some
      kind in each of my nostrils that went down into my throat to keep rny airway
      open and stop my disruptive snoring.
      k. Physical exam dated 29 Sep 99 listed frequent/severe headaches.

      So could you all take a look and let me know what you think.

      Redacted VA NOD SOC 04-09-2020.pdf
      VA 2008 Denial of OSA Redacted.pdf
      VA Claim Decision Ltr 08 Nov 2018 Redacted.PDF
      • 3 replies
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