Appeal Decision

[tom91]

Received official letter advising me of decision but couple of questions:

- they state I was 50% combined rating for period of time when I had 40%,10%, and 10%. Am I wrong in calculating that to be 60% based upon com ratings table?

- awarded me svc for left knee FINALLY; however, claim dates to 2008 with c&p dated 2012. They say my LK is 0% in 2008 yet 10% due to c&p exam 2012 but 10% is effective april1,2013. Should it not be effective same date as c&p?

- awarded 40% degenerative arthritus with reference previously rated under 5293 herniated nucleous pulposis. Ebenefits shows 10% for 5293 still. Does that mean I have svc disability for both DA and HNP?

[justrluk]

<p>40% + 10% = 46% + 10% = 51%. The VA rounds at the nearest 5%, so round down to 50% based on the rating table. Others will chime in, but I think you should request an earlier effective date for those that were determined 1 April 2013. Seems to me you had the condition before that date and should be compensated accordingly.</p>

Edited April 15, 2013 by justrluk

[tom91]

I'm coming up with 40+10=51,51+10=56,rounding to 60. Am I calculating wrong?

[justrluk]

I used the table from the VA site. Basically, first number/highest number down, then next number right, then down then right...

http://www.benefits.va.gov/compensation/rates-index.asp#combined

[meghp0405]

justrluk is correct in his evaluation; 40 +10=46 46 + 10= 51 which rounded down = 50% disability.