Idea On Rating?

[vet201060]

I

Edited August 23, 2014 by vet201060

[carlie]

vet201060.

1) Be careful - I noticed the doc marked

"[X] Persistent danger of hurting self or others"

in my part of the country they use this to Baker Act you into the mental ward.

2) I'm pretty sure you have a separate SC'd condition other than mental health

because your profile here states SC'd at 80 % and mental health does not have

an evaluation level of 80 %.

Regardless of that - it looks good to go for 100%, but you never really know

until you receive an official rating decision and cash in the bank.

​It is also possible that you could receive SMC/S per the agoraphobia, maybe you will even

meet the criteria for house bound in fact per the regs.

This is an additional benefit of somewhere around $300.00 per month.

Below is additional information on SMC/S.

jmho

SMC / S compensates about an additional $300.00 per month.

"The special monthly compensation provided by 38 U.S.C.A. § 1114 (s) is payable where the Veteran has a single service-connected disability rated as total (100 percent) and (1) has additional service-connected disability or disabilities independently ratable at 60 percent or more, separate and distinct and involving different anatomical segments or bodily systems, or (2) is permanently housebound by reason of service-connected disability or disabilities. See 38 U.S.C.A. § 1114(s) (West Supp. 2011); 38 C.F.R. § 3.350(i) (2011)."

http://www.va.gov/vetapp12/Files4/1226846.txt
---------------------------
"Housebound Benefits

Special monthly compensation benefits by reason of being housebound are payable if the Veteran has a single permanent disability rated 100 percent disabling, and has either (1) additional service-connected disability or disabilities independently ratable at 60 percent or more, or (2) is "permanently housebound" by reason of service-connected disability or disabilities. 38 U.S.C.A. § 1114(s); 38 C.F.R. § 3.350(i). The disabilities independently ratable at 60 percent or more must be separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems. 38 C.F.R. § 3.350(i)(1).

Subsection 1114(s) for housebound benefits requires that a disabled Veteran whose disability level is determined by the ratings schedule must have at least one disability that is rated at 100 percent in order to qualify for the special monthly compensation provided by that statute. Under the law, subsection 1114(s) benefits are not available to a Veteran whose 100 percent disability rating is based on multiple disabilities, none of which is rated at 100 percent disabling.

Regardless, the Court has held that 38 U.S.C. § 1114(s) for housebound benefits does not limit "a service-connected disability rated as total" to only a schedular rating of 100 percent, and that 38 C.F.R. § 3.350(i) permits a TDIU rating based on a single disability to satisfy the statutory requirement of a total rating. Bradley v. Peake, 22 Vet. App. 280, 293 (2008).

The TDIU rating based on a single disability that satisfies the total (100 percent) rating requirement must be separate and distinct from the additional disability or disabilities independently ratable at 60 percent or more for purposes of housebound benefits. Id. The Bradley decision also declared that the direction to treat multiple disabilities as one under 38 C.F.R. § 4.16(a) was specifically limited to TDIU ratings.

A TDIU rating based on multiple service-connected disabilities does not satisfy the criteria for one total disability in considering entitlement to housebound benefits under 38 U.S.C.A. § 1114(s). Id. at 290-91."

http://www.va.gov/vetapp12/Files5/1235771.txt

[Navy04]

It looks like 70-100%, but you never know until you get the official Letter bud.

[nates0812]

I have a similar question if someone could help as well.

I was hoping someone that works at the VA could provide me some insight. I was in the Marines from 2001-2005 with two combat tours. I went through the initial process in 2006 and was awarded:

PTSD 10%, degenerative joint disease of the right knee 10% and degenerative joint disease of the left knee 10% for a total of 30%. After speaking with friends I decided to have my claim reevaluated. I opened my claim with the VFW January of this year for: PTSD (Increase), degenerative joint disease of the right knee (Increase), degenerative joint disease of the left knee (Increase), residual injury lower back (New), Hypertension, arterial (New), Rhinitis, allergic (New), tinnitus (New), eczema (New), hiatal hernia (New), elbow pain (New).

All of the issues marked as “new” are being reviewed as administrative error. They were evaluated by the VA Dr’s and approved as being service connected but were never given a rating, not even 0%. I was only called in to meet with a physician for PTSD (Increase), degenerative joint disease of the right knee (Increase), degenerative joint disease of the left knee (Increase). During my knee exam I had limited range of motion as well as chronic pain that affects my job and personal life. Also, no x-rays were needed because they had x-rays from 8 years ago proving my condition. During my evaluation for PTSD the Dr said my issues have gotten worse and it affects my work/personal life as well.

Long story short my question is about increase and my current process. My status in eBenefits is "Preparation for Decision" but I was never seen by a physician for: residual injury lower back (New), Hypertension, arterial (New), Rhinitis, allergic (New), tinnitus (New), eczema (New), hiatal hernia (New), elbow pain (New). Is it a good or bad that I wasn’t seen by a physician for the 7 new issues that were filled as administrative error? They are in my file as being service connected but again never given a rating, not even 0%. I know it’s a tough call without seeing all my documentation but what do you think my outcome will be? I am open to insight.

[vet201060]

1

Edited August 23, 2014 by vet201060