Rating?

[Oiler1995]

Yes,your definetly not alone on this roller coaster ride and unfortunetly for some of us a merry go round.Checking the compensation claim status regularly is stressful enough.Easy does it and good luck.

[ytowngirl126]

Yes,your definetly not alone on this roller coaster ride and unfortunetly for some of us a merry go round.Checking the compensation claim status regularly is stressful enough.Easy does it and good luck.

That is definitely the truth. I checked it this morning and it says prep for notification. No letter change.

Good luck with everything.

[Tbird]

ytowngirl126 it never felt real to me until the money was in the bank and even then it took a few months. It is one hell of a roller coaster ride and once you get off you will have to sit for awhile to get you balance back. I hope it turns out at 90%

38 CFR 4.15 - 4.17 Total Disability Ratings

§4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.

§4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989; 55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct. 8, 1996; 79 FR 2100, Jan. 13, 2014]

§4.17 Total disability ratings for pension based on unemployability and age of the individual.

All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of §4.16 is a requisite. When the percentage requirements are met, and the disabilities involved are of a permanent nature, a rating of permanent and total disability will be assigned if the veteran is found to be unable to secure and follow substantially gainful employment by reason of such disability. Prior employment or unemployment status is immaterial if in the judgment of the rating board the veteran's disabilities render him or her unemployable. In making such determinations, the following guidelines will be used:

(a) Marginal employment, for example, as a self-employed farmer or other person, while employed in his or her own business, or at odd jobs or while employed at less than half the usual remuneration will not be considered incompatible with a determination of unemployability, if the restriction, as to securing or retaining better employment, is due to disability.

(b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Veterans Service Center Manager or the Pension Management Center Manager under §3.321(b)(2) of this chapter.

(Authority: 38 U.S.C. 1155; 38 U.S.C. 3102)

[43 FR 45348, Oct. 2, 1978, as amended at 56 FR 57985, Nov. 15, 1991; 71 FR 28586, May 17, 2006; 74 FR 26959, June 5, 2009]

[ArNG11]

Thanks best of luck to you too. I wish everything wasn't such a fight with the VA for us Vets. It's not fair and things need to change.

Ditto. Slowly changes will happen. It boils down with what we let the VA and agencies get away with. It isn't fair. But it is what it is. You are left with two options either, take what they give you or fight to what the regs and law say you are entitled to. Good luck to us all. Frankly it isn't luck but how much and how hard we fight. Fight till your last breath. JMHO

Edited March 7, 2015 by ArNG11

[Gastone]

Good for U! Looks like you should get an "Inferred IU Claim" with your Award Letter. The IU claim isn't an automatic, you would still have to file for it. You will see the term "Gainful Employment Income" discussed in regards to qualifying for IU. That is the US Census figure for the Poverty Level Income of (1) person. Currently if your under 65, it's $12,400.00 per year. If your unable to work at any type of work, including sedentary due primarily to your SC conditions that could earn you in excess of the "GEI" $12,400, you stand an excellent chance of being awarded the IU rating which pays at the 100% SC rate. Even if you don't currently qualify for IU, always keep it in mind for a future filing.

i don't know if it's the advent of the Internet or just better educating by the Military, Recent Vets are so much more knowledgeable regarding the VA and filing claims immediately after discharge. I talk to other Nam Vets and you would be surprised the number that have never filed a claim or really had any contact with the VA. Some of these guys have had issues, that in my lay opinion would have been SC'd years ago. Thank GOD, Uncle AL invented the Internet.

Semper Fi

Gastone

[ytowngirl126]

Good for U! Looks like you should get an "Inferred IU Claim" with your Award Letter. The IU claim isn't an automatic, you would still have to file for it. You will see the term "Gainful Employment Income" discussed in regards to qualifying for IU. That is the US Census figure for the Poverty Level Income of (1) person. Currently if your under 65, it's $12,400.00 per year. If your unable to work at any type of work, including sedentary due primarily to your SC conditions that could earn you in excess of the "GEI" $12,400, you stand an excellent chance of being awarded the IU rating which pays at the 100% SC rate. Even if you don't currently qualify for IU, always keep it in mind for a future filing.

i don't know if it's the advent of the Internet or just better educating by the Military, Recent Vets are so much more knowledgeable regarding the VA and filing claims immediately after discharge. I talk to other Nam Vets and you would be surprised the number that have never filed a claim or really had any contact with the VA. Some of these guys have had issues, that in my lay opinion would have been SC'd years ago. Thank GOD, Uncle AL invented the Internet.

Semper Fi

Gastone

Thanks for the information. I may look into IU but for right now I'd actually like to work. I'm unemployed since I got out 2 months ago.

Actually during our mandatory exit class TGPS the VA comes and tells us to file before you get out. This expedites the process instead of waiting until you are out. I think it's a new program that started sometime in 2012.