Jump to content
!! Advice given on the forum is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !! ×
VA Disability Claims Community Forums - HadIt.com Veterans


  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

!! Advice given on the forum is in no way a substitute for consulting with a competent Veterans law firm, such as one on the NOVA advocate website !!
  • 0

Max % Of A Claim

roses15534

Asked by roses15534,

 Share

Question

  • Answers 5
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

Posted Images

5 answers to this question

Recommended Posts

  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted (edited)

I can think of at least 3 reasons:

1. He plans on arguing extra schedular consideration, such as an analagous rating. One example of this is extra schedular IU consideration or, that he beleives you should be rated under a different DC.

2. He wants to cover "all the bases" in case the schedule of ratings for fibromyalgia changes in the several years it takes to appeal.

4. He is unaware that 40% is the max.

In general, it sounds like the you and your VSO have communication issues. That is the problem with NSO's. They are well trained, but they are so busy they dont have time for clients. Its catch 22.

Edited by broncovet (see edit history)
Link to comment
Share on other sites
  • HadIt.com Elder
jbasser Grand Master

jbasser

Posted
  • HadIt.com Elder
Posted

I cant see a 40 getting an extra schedular rating.

Ask the Rep what his intentions are. He has your POA so if he is doing something, actually you are doing something.

Basser

Link to comment
Share on other sites
  • Moderator
broncovet Grand Master

broncovet

Posted
  • Moderator
Posted

Sometimes symptoms "overlap" in different DC's.

If you have sleep apnea, for example, you may also have symptoms of other disorders, too. The VA is required to rate you at the BEST DC, that is the diagnostic code most favorable to the Veteran.

Sometimes, the VA does not do this, and the Veteran has to appeal.

While I have not seen your C file, your VSO may have, and noticed that your 40% has additional symptoms that are in other DC criteria. He may argue "analgous ratings" because the diagnostic code does not fully compensate you for your malady, but other DC's may.

While the VA does have regulations that prevent "pyramiding" (counting a symptom twice), if you have some symptoms, you may be eligible for compensation for those symptoms in an analgous DC.

The regs for analgous ratings are here:

http://cfr.vlex.com/vid/4-20-analogous-ratings-19774315

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
 Share
Go to question listing
×
×
  • Create New...

Important Information

{terms] and Guidelines

  I accept