ytowngirl126 Posted March 5, 2015 Share Posted March 5, 2015 I spoke with a VA rep today and he told me what my rating is. It's still in pending decision approval phase though and said to check my bank account daily because I should see money soon. I received 90% 50% - Migraines 30% - Acne 30% - Adjustment Disorder 20% - Scarring 10% - Shoulder Strain 10% - HBP 10% - Tinnitus 0% - Broken Hand I honestly didn't even think I'd get over 30%. I'm just in total shock. This message board has really helped me out a ton. I thank everyone of you for helping me out. Tbird, Buck52 and SeattleShay 3 Link to comment Share on other sites More sharing options...
jefmil50 Posted March 5, 2015 Share Posted March 5, 2015 Congratulations and good luck! Link to comment Share on other sites More sharing options...
Mikemmlj Posted March 5, 2015 Share Posted March 5, 2015 Congrats but you're tore up from head to toe. Take care of yourself. Link to comment Share on other sites More sharing options...
georgiapapa Posted March 5, 2015 Share Posted March 5, 2015 (edited) ytowngirl126, Congratulations on your award. Are you currently unable to work? If not, you might want to consider filing a claim for TDIU. Google 38 CFR part 4.16 for info if you are interested. Good luck to you. GP Added by Tbird 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. Back to Top §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] Back to Top §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] Edited March 7, 2015 by Tbird �A�d�d�e�d� �C�o�n�t�e�n�t� �a�n�d� �l�i�n�k�s Buck52 1 Link to comment Share on other sites More sharing options...
Computer Tech Posted March 5, 2015 Share Posted March 5, 2015 Congratulations. Rick Link to comment Share on other sites More sharing options...
rootbeer22 Posted March 5, 2015 Share Posted March 5, 2015 Ytowngirl126: Congrats..and it's always a good thing to see someone who has exceeded expectations and gets a win...I only hope I can be so fortunate in the future....as you...how long did you wait to get your answer? ytowngirl126 1 Link to comment Share on other sites More sharing options...
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