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Need Some Serious Opinions Here......

Guest rickb54


Guest rickb54

please tell me what you think the following quote means:

§ 4.96 Special provisions regarding evaluation of respiratory conditions.

(a) Rating coexisting respiratory conditions.

Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or pleural involvement, ratings under diagnostic codes 6819 and 6820

will not be combined with each other or with diagnostic codes 6600 through 6817 or 6822

through 6847. A single rating will be assigned under the diagnostic code which reflects

the predominant disability with elevation to the next higher evaluation where the severity

of the overall disability warrants such elevation. However, in cases protected by the

provisions of Pub. L. 90–493, the graduated ratings of 50 and 30 percent for inactive

tuberculosis will not be elevated.

Now if a veteran is rated under 6602 asthma at 60%

that same veteran is rated under 6604 COPD at 30%

based on the above would you think, A single rating should be assigned under the diagnostic code 6602 because it reflects the predominant disability and would you elevate the rating to the next higher evaluation of 100% where the severity of the overall disability warrants such elevation.

in other words would you rate the veteran under 6602 Asthma with COPD 100% instead of the two seperate ratings?

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Guest jstacy

It means just what you posted. The VA cannot combine the ratings. They have to assign a rating that equals the severity of the diseases listed. However in order to low ball the VET they often do this illeagally.

Illegally means that the process is determined by management to apply little subtle tricks in order to give the Veteran as little as possible. Some Vets never catch it.

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