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Big Fat "thanks" For All The Help From Hadit.com - We Did It!


CCC

Question

Just a quick note here to say thank you for all of the help you guys have given us here. We got our 100% approval letter today! We worked for a long time for this, and you guys, as usual, were a wealth of information, and I swear, I don't think we could have done it without you.

I don't want to sound ungrateful, but I'm not finished. They rated him, and are only paying him backpay for a very short time. That, to me, is in dispute, and will be appealled. For this, I have a question.

Hubs told me that there's a certain percentage point that, once you get there, they automatically bump you up to 100% as unemployable. Does anyone know what that is? He thought it was 75 or 80% but wasn't sure.

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This is great news and now just put the trimmings on it and try to close in on what they finally need for the TDIU. I would not be working when you do this part of it. Hopefully you have either started the SSN or SSDI to get it coming in also. Big relief with just alittle more work to do . NEVER GIVE UP.....nope you did not . God Bless, C.C. not to be confused with C.C.C. hahahahah

Edited by Capt.Contaminate (see edit history)
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Thanks, everyone, for the inforrmation.

They actually found him TDIU as a result of this claim, as it was one of the claims we were working for.

The reason I was asking about the automatic 'bump' is this -- Up until recently, he was rated at 30% for his heart, 10% for each knee and 10% for tinnitus, and he was paid at 50%. In August of 2011, he was increased to 60% for his heart, but we didn't know this until yesterday, because we had added to his claim, which added the additional time on the claim. That's why I was wondering about the back pay on that - since he was increased to 60%, that would put him at 90% disabled, paid at 80%. I was just wondering if that would have been eligible for 100% back to August of 2011.

Dean, he has been out of work since 2001, unable to work, so he probably has that part covered laugh.png .

Cap'n, see above. He has been unable to work since 2001. He went out on disability then, and filed for SSDI. We had a terrible lawyer, and it took us 7 years and a new lawyer, but he was found 100% social security disabled in 2008.

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Iu clarification:

With a single condition must be 60 percent

Combinations must total 70 percent with 1 at 40 percent,

Hope this helps.

Thanks - helps alot. So with him being, effective August 2011, 60% cardiac, 10% left knee, 10% right knee and 10% tinnitus, he should be eligible for 100% because he's 60 singular (cardiac) and 90 total. Is that right?

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  • HadIt.com Elder

Iu clarification:

With a single condition must be 60 percent

Combinations must total 70 percent with 1 at 40 percent,

Hope this helps.

John - no offense but the ratings quoted in 38 CFR 4.16(a) aren't true, as 38 CFR 4.16(b) kinda supercedes it. One does not need 60% or 70% for TDIU, as one can get an extra-schedular rating, w/o meeting those numbers.

pr

Edited by Philip Rogers (see edit history)
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  • HadIt.com Elder

Thanks - helps alot. So with him being, effective August 2011, 60% cardiac, 10% left knee, 10% right knee and 10% tinnitus, he should be eligible for 100% because he's 60 singular (cardiac) and 90 total. Is that right?

No, 60+10+10+10 = 71%, which is rounded down to 70%. There may be a bi-lateral rating factor for the two knees. See 38 CFR 4.25, the ratings table. http://cfr.vlex.com/vid/4-25-combined-ratings-table-19774341

pr

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"One does not need 60% or 70% for TDIU, as one can get an extra-scheduler rating, w/o meeting those numbers."

You might as well buy a lottery ticket as bank on extra scheduler. I know from personal experience. I had the C&P that supported it and the RO recommendation. It goes then to the Director of C&P in Washington. See if you can find someone on this site that ever won there...

If you are going to win, it will be at BVA. My opinion, but it is where I came out on top.

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  • HadIt.com Elder

John - no offense but the ratings quoted in 38 CFR 4.16(a) aren't true, as 38 CFR 4.16(b) kinda supercedes it. One does not need 60% or 70% for TDIU, as one can get an extra-schedular rating, w/o meeting those numbers.

pr

How many Ex schedular ratings have you seen. I havnt seen very many in 20 plus years.

J

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No, 60+10+10+10 = 71%, which is rounded down to 70%. There may be a bi-lateral rating factor for the two knees. See 38 CFR 4.25, the ratings table. http://cfr.vlex.com/...-table-19774341

pr

OK I'm a little confused, Phillip. Before, he was 30 for his heart, 10 for left knee, 10 for right knee and 10 for tinnitus. He was rated at 60, paid at 50. So if they upped his heart to 60, why would it not be rated at 90, paid at 80?

Obviously I'm still new at this, but if everything stayed the same except his percentage for his heart, why would that not raise across the board?

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Thanks, Pete, and you couldn't be more right. Hadit.com is where I learned to force those guys to do their jobs. I just always expected them to do the stand-up guy thing.

*chuckling* Silly me.

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  • HadIt.com Elder

OK I'm a little confused, Phillip. Before, he was 30 for his heart, 10 for left knee, 10 for right knee and 10 for tinnitus. He was rated at 60, paid at 50. So if they upped his heart to 60, why would it not be rated at 90, paid at 80?

Obviously I'm still new at this, but if everything stayed the same except his percentage for his heart, why would that not raise across the board?

CCC - I just ran the numbers again and if he was 30+10+10+10 and receiving 60%, either he was being paid 60% in error, or there is another number that's missing that's called the bilateral factor. 30+10+10+10 should be 49 which would round up to 50%, but that doesn't include any bilateral factor award.

As for the 60+10+10+10, I just checked the combined ratings table again and it totals 71%, which is then rounded down to 70%. Check his original award letter for the bilateral factor.

pr

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CCC, I think I see what you are saying now. My original claim for secondary to my already granted 30% primary went back to August of 2006. I filed for TDIU in the spring of 2011 (extra scheduler) based on a favorable C&P for my primary injury that I was unemployable because of it. ( I had been out of work since December of 2005).

BVA granted my appeal for secondary in the early part of this year. It was rated in July. I was granted 50% for my secondary and with my primary brought to 80%. They then did rate me TDIU P&T at 100% and the retro for that rate went back to August of 2006.

Hope this is helpful.

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I don't have his original award letter. It was from 1992.

maybe it was rated at 60%, paid at 50% because they counted his knees as one disability. I just don't understand the rest. It doesn't make sense to me. I'm sorry - just can't wrap my head around it. The only thing that changed was his rating for his heart. The knees stayed the same, the tinnitus stayed the same. The heart increased from 30% to 60%. I just don't understand how it didn't change that much.

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  • HadIt.com Elder

CCC - if you click on the link, in my first post on this subject, you'll see the combined ratings table(tbird also has a link on the Hadit home page) whcih explains how the VA figures the total. They don't use standard addition but base it on the "whole person" concept and once a claimant has a disability, they are no longer whole, or 100%. The table explains it thoroughly and if you search here you'll find many posts explaining how it works.

pr

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