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

[CCC]

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.

[CCC]

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?

[Pete53]

Congrats. The VA is like a bunch of greased pigs hard to get them to do their jobs.

[CCC]

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.

[Philip Rogers]

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

[deanbrt]

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.

[CCC]

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.