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I Am Very Confused Can Someone Please Help Me?


peter4034
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Hello fellow vets I have an interesting dilemma if anyone can help me I would really appreciate it. here is my current ratings before I received my 10 % increase. sleep apnea 50%, irritable bowel syndrome 10% right knee subluxation 10% degenerative joint disease 10% for a total of 80% now in my new claim I applied for PTSD and was awarded 50% service connected and they even increased my IBS to 30% and they denied my unemployabilty mainly because I am still working but... my question is how come they only rated me at 90% but what they did was put my status from pending decision approval back to gathering of evidence phase but yet they decided on giving me a partial increase to 90% my claim is still open and it says for my 10% knee claim its continued pending development for private records does this mean that they want more evidence for an increase for my knee? Please help if you can I am barely holding onto my job due to my disabilities and I am missing a lot of work and soon I will have to throw in the towel because I just cant do this anylonger that's why I applied for an increase in the first place. thanks for listening Peter USN HM2

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This site may help to understand how the VA comes to their rating totals: http://www.benefits.va.gov/compensation/rates-index.asp#howcalc

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thanks guy wow it looks almost impossible by reading those combined ratings according to that chart that anyone can receive 100% I guess maybe after I leave my job due to not being able to work any longer then I will reapply for IUD maybe then I will get a good serious look and consideration after seeing I cant handle a full time job any longer thanks

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It sounds like you have not gotten your VARO decision yet, you are just speculating from ebenefits (when you mention you went from pending to gathering of evidence). My advice is to wait until you do get the decision, and, if you think its wrong, then file a NOD. In the mean time, relax and go fishing, play with your grand kids, or cheer on your favorite NFL team. There is nothing you can do now except wait, so you may as well enjoy yourself and not work yourself up about something that may never happen. Let us know what your decision is..it sounds like it may not be tooo long until you get it.

Edited by broncovet
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Bronco is right on. Don't trust eben for anything, wait for the mail. Just take it easy.

At 90% and failing at your job you should be able to get TDIU. you cannot be unemployable and working a job.

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HERE IS MY CONTENTIONS I JUST RECEIVED IN THE MAIL YESTERDAY THEY INCREASED MY RATING FROM 80% TO 90%

I APPLIED FOR UNEMPLOYABILITY ALONG WITH INCREASE OF ALL MY EXHISTING CLAIMS WITH A NEW CLAIM FOR PTSD THEY AWARDED ME 50% SERVICE CONNECTED PTSD AND THEY INCREASED MY IBS FROM 10% TO 30% SO HOW IS IT IF I AM AT 80% ? HOW CAN THEY JUST AWARD ME 90% WHEN I GOT AN INCREASE OF 50% PTSD AND AND AN INCREASE OF 10 TO 30% FOR MY KNEE?

I WAS DENIED THE UNEMPLOYABILTY PROBEBLY BECAUSE I AM STILL WORKING BUT SOON I WILL HAV E TO QUIT MY JOB DUE TO MY DISABILITIES

SERVICE CONNECTION FOR PTSD 50% (NEW CLAIM AWARD)

IBS INCREASE AWARD FROM 10% TO NOW 30%

SLEEP APNEA WITH BRONCHIAL ASTHMA 50% CONTINUED

SUBLUXATION TO RIGHT KNEE 10% CONTINUED( PENDING DEVELOPMENT FOR PRIVATE TREATMENT RECORDS)

DEGENERATIVE JOINT DISEASE 10% CONTINUED( PENDING FOR DEVELOPMENT FOR PRIVATE TREATMENT RECORDS)

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Peter: The VA Math can mess with your head. When you get up to the 80-90% SC rating it becomes increasingly difficult get any movement. Remember how the VA does your rating, Largest SC % 1st and so on. Your final number isn't rounded until the very end. Your current rating of 90% is the result of all your current SC being taken into consideration. In order for you to get to a Scheduler SC 100% rating you need (1) new SC condition rated at 50% to get to 95% which would be rounded up to 100% SC. Very difficult but not impossible.

As for your IU claim, unless it is determined that you are incapable of receiving"Substantially Gainful Income" due to your SC conditions, you won't get an automatic IU Award. I think you mentioned that you were still employed. When you completed the IU Claim you put down your current employment and income information. That in and of itself could preclude you from the IU Award.

I was recently awarded IU on at NOD DRO Hearing. I opted for an "Informal Hearing" and the DRO and I had a good conversation regarding IU after he agreed that I would be awarded. He told me that the VA gets constant Vet IU Claims from Vets that are just unemployed or under Employed. If they are capable either by education or limited disability picture of obtaining "Gainful Employment Income" even sedentary or completely out of their previous work history, they will be denied. In my case, I had a VA Vocational Rehabilitation letter stating that I couldn't be Rehab-ed at this time due completely to my SC conditions. Deal Done, IU Awarded T&P no future exams scheduled.

Check out Hadit's Comp Calculator to see your different "what if" scenarios.

Semper Fi

Gastone

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