Question For "interested"

[Philip Rogers]

You appear very knowledgable on VA matters, enough so that I'm guessing you're a VA employee sharing your knowledge here. Can you explain how the VA uses the Combined Ratings Table(CRT), once a claimant reaches 100%?? Also with reference to the 100%+60% "s" award?? Do they use the CRT in making that decision, even tho it penalizes the claimant "again" for the same disabilities?? Thank you for your time!

pr

Edited September 17, 2011 by Philip Rogers

[Pete53]

BUMP

[Interested]

Before I guess at what you're really asking and provide an inadequate answer, please expand and clarify even tho it penalizes the claimant "again" for the same disabilities . As always, a specific example would be helpful.

You appear very knowledgable on VA matters, enough so that I'm guessing you're a VA employee sharing your knowledge here. Can you explain how the VA uses the Combined Ratings Table(CRT), once a claimant reaches 100%?? Also with reference to the 100%+60% "s" award?? Do they use the CRT in making that decision, even tho it penalizes the claimant "again" for the same disabilities?? Thank you for your time!

pr

[Philip Rogers]

Okay, I understand how and why the CRT is the way it is. But once a claimant is rated 100% they are effectively worth zero, nothing, nada, meaning they have no value compared to a normal person. Additional disabilities should not use the CRT because the person is "0%" and has zero percent residuals left. That being said, do they continue to use the CRT or do they just add the additional disabilities together, using normal addition to come up with a total??? Once a claimant is zero they cannot become a negative. I hope I'm explaining this properly and that you understand what I'm saying. For example, a claimant rated 100+20+10+10+10+10 should be rated 100%+60%, however if they use the CRT it would combine to be 100%+50%, which violates the SMC "s" award criteria. I, personally, believe the VA continues to use the CRT when figuring SMC awards. Thank you for your time!

pr

Before I guess at what you're really asking and provide an inadequate answer, please expand and clarify even tho it penalizes the claimant "again" for the same disabilities . As always, a specific example would be helpful.

[Interested]

I, personally, believe the VA continues to use the CRT when figuring SMC awards. I, personally, believe you are correct. However, I do not believe using the Combined Ratings Table violates the SMC "s" award criteria (or, for that matter, the criteria for award of the additional half-step of SMC for Additional independent 50 percentdisabilities. )

Once the single 100% (or 100% equivalent) is established, it is disregarded for purposes of future computations. You effectively start over with the remaining disabilities, which are combined per 38 CFR 4.26 (if appropriate) and 38 CFR 4.25. It would appears to me that 38 CFR 4.25(b) http://www.benefits....PART4/S4_25.DOC is operative here.

If you disagree, you prolly need to work on sumpin' that would establish ' ... what the sense of Congress was ... ' when 3.350(s) was written.

Okay, I understand how and why the CRT is the way it is. But once a claimant is rated 100% they are effectively worth zero, nothing, nada, meaning they have no value compared to a normal person. Additional disabilities should not use the CRT because the person is "0%" and has zero percent residuals left. That being said, do they continue to use the CRT or do they just add the additional disabilities together, using normal addition to come up with a total??? Once a claimant is zero they cannot become a negative. I hope I'm explaining this properly and that you understand what I'm saying. For example, a claimant rated 100+20+10+10+10+10 should be rated 100%+60%, however if they use the CRT it would combine to be 100%+50%, which violates the SMC "s" award criteria. I, personally, believe the VA continues to use the CRT when figuring SMC awards. Thank you for your time!

pr

[jbasser]

Folks, we have been through this one before. Recently a lady beat this issue down our throats. Remember?

The issue was the method the VA uses to calculate disabilities over and above the 100 percent category.

To my understanding that the disabilities are still evaluated with the Combined rating schedule.

Now I actually agree with Interested That this issue may need to be taken to another level.

The VA doesn't write the law, Congress does and perhaps they missed this one.

J