Sc Granted On Appeal From 2010, Now What?

[Gastone]

Bsoldier244 If your at 80% SC, your still 20% effective. With VA math, you need something rated at 30%-50% to get you to 90%SC. Something rated at 75% would get you to 95=100%. A very tough hill to climb.

Even though you have an 80% SC rating, I don't think you qualify for a scheduler inferred IU claim, but there is always an extra-scheduler claim. Refer to TDIU claim requirements in the 38 CFR 4 Regs. Your complete SC disability picture may currently affect your ability to obtain or maintain "Gainful Employment," currently income at or above aprox $14,000 per year. This amount changes with the US Census poverty level income for (1) person each year. An IU claim would be greatly assisted if you had been through the VA Vocational Rehabilitation Program and been denied. The VA will accept a VA Voc Rehab Denial letter as proof you can't currently be retrained for "Gainful Employment." This is a very important piece of "GOLD" to your IU claim. Good Luck.

Semper Fi

Gastone

[Philip Rogers]

As it stands right now I see an error. You should be receiving 90%, not 80%, now , if you already have ratings of 50, 50, 40, 30, 10 & 10. Your new award may bring you to 95 or more, which could round up to 100%, depending on whether they award a bilateral factor, which I think they do. You could have a major payday coming, if I'm correct. Check my numbers w/38 CFR 4.25 and then wait and see what they do. They should award 90%, back to your latest rating award, if I'm correct. I ran the numbers 3 times but I also make mistakes once in a while. Please, anyone, correct me if I'm wrong!! jmo http://www.law.cornell.edu/cfr/text/38/4.25

I just checked the numbers, again, and I show 92%, rounded down to 90%, and that's before this new award. So they owe you 10%, back to your last award, when they gave you the 80%.

pr

Edited August 25, 2014 by Philip Rogers

[vet201060]

I would use the disability calculator on the home page of Hadit and plug in all your ratings starting with the highest first to the lowest. I dont know how the bilateral factor works tho.

I punched the numbers you have below your post and I come up with 91.495 so you should be 90% now not counting you other leg or bilateral factor

I included the link to it for you bud below

http://www.hadit.com/service_connected_disabilities_rating_calculator.php#sthash.C7vmGCWd.dpbs

Edited August 25, 2014 by vet201060

[brokensoldier244th]

Went from "Pending decision approval a few weeks ago" to "Gathering evidence" again.....then today, switched back to "Pending decision approval". Maybe something soon, for good or ill. It looks like this is the claim ive had pending for about a year. The appeal has disappeared from the Appeals screen, and the current claim screen. Might they have rolled it up together into one claim?

Edited August 27, 2014 by brokensoldier244th

[brokensoldier244th]

-Preparation for Notification.......-

[brokensoldier244th]

claim closed dated yesterday. Checked Ebenefits letter generator and im currently rated at 90% effective January, 2014. Haven't gotten the letter yet, but I was rated at 80% so something bumped it up. I have a appeal that has to come back to the RO from BVA, but I doubt that will net more than 10%,l maybe 20% depending on the wording for radicuopathy being 'moderate'. If rated, it will make me 10% 1 leg (existing) and whatever on the other one that I appealed about 4 yrs ago.

Anywho, a small win is a win. Ill take it, for now.