FormerMember Posted April 11, 2015 Share Posted April 11, 2015 Here's the link to read up on it: https://www.law.cornell.edu/cfr/text/38/3.350 jefmil50 1 Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted April 11, 2015 HadIt.com Elder Share Posted April 11, 2015 (4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.(i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114 (l) and (o) is caused by the same etiological disease or injury, that disease or injury may not serve as the basis for the independent 50 percent or 100 percent unless it is so rated without regard to the loss or loss of use.(ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. Link to comment Share on other sites More sharing options...
jefmil50 Posted April 11, 2015 Author Share Posted April 11, 2015 Thanks Asknod for that link. I have probably read that over many times and still can not figure where I should be. My guess now is R1 especially if this cystotomy gets rated properly at the 100% according to 38 CFR 4.115B. That requires A/A separate from my other LOU, that requires A/A. Like I said I am guessing where I should go now, I shall see when this gets fixed. Link to comment Share on other sites More sharing options...
jefmil50 Posted April 11, 2015 Author Share Posted April 11, 2015 Thanks Buck, That one I read too, which would at least put me to the "o" rating. Guess I am just in the holding pattern and back to hurry up and wait. Link to comment Share on other sites More sharing options...
HadIt.com Elder Buck52 Posted April 12, 2015 HadIt.com Elder Share Posted April 12, 2015 Well if you ''qualify'' for a SMC above A&A sure ask for it buddy, that's what I'd do. ........................Buck Link to comment Share on other sites More sharing options...
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