Separated At 10% And Later Was Increased To 30%

[jeeperrs]

I was separated for arrhythmia issues in 2003 and was given a 10% rating. I received military severance pay at discharge. I have been fighting the case and just received an SSOC stating that my award for increase to 30% will be effective Sep 24, 2009, not when I was separated in 2003.

I didn't give this situation much thought until today. I know I would have been retired if I had received 30% when leaving the Army in 2003. What happens now that the disability that resulted in the separation was increased from 10% to 30%? Do I still continue to pay back the separation (that is why I expected) or do they change it to a retired status (as my separating issue is now 30%).

[Berta]

"I was separated for arrhythmia issues in 2003 and was given a 10% rating. I received military severance pay at discharge."

"just received an SSOC (Supplemental Statement of Case) stating that my award for increase to 30% will be effective Sep 24, 2009, not when I was separated in 2003. "

Was the 10% from the Mil or did you file a VA claim, within one year of your discharge and was the 10% from that?

(successful claims filed within one year after discharge get the EED as the first day after discharge)

Did the SSOC make any statement as to the separation pay?

Did it say why they used the 2009 date as the EED?

Maybe they said the medical evidence warranted the increase from that date but not prior to that?

Can you scan and attach the SSOC here? (Cover C file number, name and address first)

If we can read it we can help more.

Edited March 19, 2014 by Berta

[jeeperrs]

I typed it out by hand, as scanning makes a huge file on my computer.

This is what the SSOC (Supplemental Statement of Case) had for anyone who wants to answer my question in the previous post.

The first page said:

Enclosed is a SSOC (Supplemental Statement of Case). It is not a decision on any new issues, but is intended to inform you of any material changes in, or additions to, the information contained in the SOC that we previously sent to you. The following information will help you decide how to respond. We encourage you to discuss this with your rep, if you have one.

Your appeal was previously remanded by the BVA for further development, which has been completed. Before returning your appeal to the Board, we are giving you a period of time to respond with additional comments or evidence. Please note that a response at this time is optional and is not required to continue your appeal.

If you wish to respond, you have 30 days from the date of this letter to respond. There is no special form to use. You can simply write to us and tell us in your own words what you disagree with in the is SSOC (Supplemental Statement of Case) and why

If you do not wish to respond, and you do not want us to wait for the 30 days to expire, you can write to us and let us know that. If you do not respond, the Board will consider what you have already submitted in deciding your appeal.

The next page states the Issue, Evidence, Adjudicative Actions, and thenPertinent laws; regulations; rating schedule provisions. This went on for 12 pages. The 13th page had:

Issue: Increase from 10% to 30% for supra ventricular tachycardia.

Decision: Entitlement to a rating in excess of 10 percent for SVT is granted with an increase rating of 30 percent disabling

Reasons and Bases: The appeal was remanded by the BAV for evidential development, Veterans Affairs (Heart) Examination, and re-adjudication of the issue currently before the BVA.

The evaluation of SVT is increased to 30 percent disabling effective Sep 24, 2009.

An evaluation of 30 percent is assigned from Sep 24, 2009 and the effective dat is based upon the examination findings

A review of your Veterans Affairs (Heart) Examination dated 2/24/2014 the examiner provided the following medical findings and opinion.

The information in VBMS was reviewed to include outpatient treatment records for the periods from Jan 2009 to present. Particular attention was directed toward the Holter monitor report dated 9/24/09. This report documents "Frequent (up to 13% of recording) runs of ectopic atrial rhythm and ectopic atrial tachicardia with rate up to 177 bpm are noted.

In this Holter monitor tracing of 9/24/2009 there are 5 discrete episodes of atrial tachycardia within the 24 hour period, occurring at 0803, 0935, 1430, 1624, and 1954. Each episode lasts for several beats, with the last documented episode noted on the tracing to last 1255 beats for a duration of 3 minutes.

Taking this information into consideration it is this examiner's opinion that it is more likely than not that there is evidence documenting more than four episodes per year of atrial tachycardia during the period of January 2008 to present.

We have assigned a 30 percent evaluation for your SVT based on: Paroxysmal atrial fibrillation, with more than four episodes per year documented by Holter monitor.

This is the highest scheduler evaluation allowed under the law for this condition

This decision represents a full and final determination before the BVA.

[jeeperrs]

If this is not clear, I will work on getting a scanned copy some more. I will just have to upload it one page at a time.

[jeeperrs]

Was the 10% from the Mil or did you file a VA claim, within one year of your discharge and was the 10% from that?

(successful claims filed within one year after discharge get the EED as the first day after discharge)

Did the SSOC make any statement as to the separation pay?

Did it say why they used the 2009 date as the EED?

Maybe they said the medical evidence warranted the increase from that date but not prior to that?

Can you scan and attach the SSOC here? (Cover C file number, name and address first)

If we can read it we can help more.

I received a 10% from the military and then from the VA immediately upon discharge. However, I had a break in my filing because I was told that I needed to go before the PEB again to have them correct the rating. However, their decision was to leave it at 10% because the VA was at 10% and that I needed to again pursue the VA.

There was no statement on separation pay in the SSOC.

They used the 2009 date because that was when one monitor recorded 5 episodes in a 24 hour period.

[Berta]

Thanks for taking the time to type all that here.




"Taking this information into consideration it is this examiner's opinion that it is more likely than not that there is evidence documenting more than four episodes per year of atrial tachycardia during the period of January 2008 to present."



We have assigned a 30 percent evaluation for your SVT based on: Paroxysmal atrial fibrillation, with more than four episodes per year documented by Holter monitor.+

I dont get that and hope others chime in here....

It says here:


"The evaluation of SVT is increased to 30 percent disabling effective Sep 24, 2009.



An evaluation of 30 percent is assigned from Sep 24, 2009 and the effective dat is based upon the examination findings"

Yet the other statement above refers to January 2008 date to present.Does anyone here agree that ,although the EED is being questioned,on a different basis , the VA should have used the January 2008 date instead of the 2009 date:????????


"I received a 10% from the military and then from the Veterans Affairs immediately upon discharge. However, I had a break in my filing because I was told that I needed to go before the PEB again to have them correct the rating. However, their decision was to leave it at 10% because the Veterans Affairs was at 10% and that I needed to again pursue the Veterans Affairs."

In other words, you had to re -open the VA claim?

Obviously with that info and the fact that this SSOC is 13 pages long, there is more to this then we can determine here.

Do you have a vet rep who could go carefully over the decision?

Can you give us the Docket Number and Citation Number for the BVA remand? It might be posted by now at the BVA web site

That BVA remand could help us understand this more.

How much time do you have left for a 30 day response to the VARO who prepared this ?

I assume ( and could be wrong) that there are other issues you have on appeal at the BVA and they remanded the claim back to the BVA?

[jeeperrs]

"I received a 10% from the military and then from the Veterans Affairs immediately upon discharge. However, I had a break in my filing because I was told that I needed to go before the PEB again to have them correct the rating. However, their decision was to leave it at 10% because the Veterans Affairs was at 10% and that I needed to again pursue the Veterans Affairs."

In other words, you had to re -open the VA claim? Yes, I had to file for increase again.

Obviously with that info and the fact that this SSOC is 13 pages long, there is more to this then we can determine here. Almost all of the pages were Pertinent Law; Regulations; Rating Schedule Provisions. It was literally 12 pages of definitions cited from section 38 of the Code of Federal Regulations. Most didn't even apply to me.

Do you have a vet rep who could go carefully over the decision? I have a VSO but I get get hime to call me back, which is usual.

Can you give us the Docket Number and Citation Number for the BVA remand? It might be posted by now at the BVA web site. This is the link for my BVA decision http://www.va.gov/ve...es4/1337996.txt

How much time do you have left for a 30 day response to the VARO who prepared this ? They dated the letter with a stamp that said March 11, 2013...but it was done March 11, 2014 LOL

I assume ( and could be wrong) that there are other issues you have on appeal at the BVA and they remanded the claim back to the BVA? This was the only issue I was appealing.