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Max % Of A Claim



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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)
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  • HadIt.com Elder

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.


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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:


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