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Confused

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cowboys4life

Question

I have two ratings for same condition. Back in 2002 I submitted both service connected and non-service connected claims. Both were denied and I subsequently won the non-service claim on a CUE. I also won the service connected claim for same condition that I was granted for non-service pension. Here is where I am confused about. If both claims for granted separate from one another but they both were granted back to the original claim date, then why is it that the service connected claim was only for 30% and the non-service claim was for 100% for a severe heart condition. I was 44 years old at the time I filed these claims. Here is the rating decision:

A review of your cited treatment records from the Bay Pines VA Healthcare System shows you were receiving treatment for coronary artery disease. Your past medical history shows you underwent coronary artery bypass grafts (CABG). The records show your coronary artery disease was severe and you had myocardial infarctions. AS the evidence is sufficient to show you were unable to maintain and obtain gainful employment due to non-service connected disability at the time you initially filed your original claim for this benefit, entitlement to a non-service connected pension is granted.

When I was granted service connection for same condition I only received a 30% rating. I need help SO CONFUSED!!!! Have A BVA hearing on Jan.13.15 how should I approach this.

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Looking at their decision it seems that they were vague when it came to whether or not I was permanently and totally disabled. Is that what you see too Berta? I was not rated under Nehmer. My award stemmed from IHD in service.

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