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Extra Schedular Rating


Hoppy

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  • HadIt.com Elder

I do not recall anybody talking about an award of an extra schedular rating. Is this something you apply for? Is there a form? Or, is the decision to seek an extra schedular rating a unilateral decision by the RO. I am convinced that I would require such a rating on one of my disabilities. It was never even discussed in my decision even though I brought up the question and said that my condition would require such a rating. I thought I heard that there is an advantage to having a 100+ rating.

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  • HadIt.com Elder

Hoppy,

Here are the guidlines for extra scheular ratings from the M21- MR;

Consider the issue of entitlement to an extra-schedular evaluation in compensation claims under;

38 CFR 3.321(:)(1) only where the issue is expressly raised by the veteran, or there is evidence of exceptional or unusual circumstances indicating that the rating schedule may be inadequate to compensate for the average impairment of earning capacity due to disability (for example, marked interference with employment or frequent periods of hospitalization)

38 CFR 4.16(:D whenever the issue is expressly stated when there is evidence that the veteran may be unable to secure or follow a substantially gainful occupation because of disability, or total disability based on individual unemployability (IU) cannot be granted on a schedular basis.

Reference: For more information on total disability claims, see

VAOGCPREC 6-96 dated August 16, 1996

Floyd v. Brown , 9 Vet. App. 88 (1996), and

Bagwell v. Brown , 9 Vet. App. 337 (1996).

Only the Director of the Compensation and Pension (C&P) Service may approve extra-schedular evaluations in compensation cases submitted under 38 CFR 3.321(B)(1).

Submit compensation claims to C&P Service for extra-schedular consideration under 38 CFR 3.321(B)(1) if

the schedular evaluations are considered to be inadequate for an individual disability, or a total rating cannot be assigned solely because the minimum schedular requirements of 38 CFR 4.16 of the rating schedule are not met, and a total rating is considered warranted.

Note: Prepare a memorandum to accompany the claims folder providing a clear and concise statement of the facts including medical and lay evidence of symptoms and a discussion of the

-fact with relevant laws

-issue or issues to be resolved, and

-recommended evaluation.

Vike 17

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  • HadIt.com Elder

Vike17

Am I intrepreting this right. If you have a one disability rated at 70% and they tack on IU then they do not submit it for a schedular rating. It is done when the 70+ IU option is not an allowable because the schedular rating is lower than 70%.

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  • HadIt.com Elder

Hoppy

If you are 100% schedular for one disability and 60% for others you can get A&A SMC. I think for housebound you have to be 100% as well. I think you are right about the extra-schedular rating for IU. I don't know anyone who was less than 60% combined who got IU, but that does not mean you should not apply if you can't work even if you are 10%. The VA will bump you up to the required rating in order to qualify for IU. This way they stay within the guidelines and you get your IU. This way every butt is covered and no one has to make a hard decision.

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  • HadIt.com Elder

Hoppy,

If a veteran meets the schedular requirements for IU in accordance with §4.16(a), then the RVSR does not send the IU claim to the Director of Compensation and Pension in Washington, D.C. The rating specialist has the autority to grant the claim themselves.

If the veteran doesn't meet the schedular requirements of IU, but still claims it according to (:), then the Rater can send your claim to the Director of Compensation if he/she believes the veteran is indeed unemployable due to his/her service-connected disabilities. This becomes a judgmental call on the raters part. The same goes for extra schedular consideration under §3.321.

Vike 17

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It is a rating percentage that is higher than what the regulations of the Schedule for Rating Disabilities has listed.

Title 38: Pensions, Bonuses, and Veterans' Relief

PART 3—ADJUDICATION

§ 3.321 General rating considerations.

(a) Use of rating schedule. The 1945 Schedule for Rating Disabilities will be used for evaluating the degree of disabilities in claims for disability compensation, disability and death pension, and in eligibility determinations. The provisions contained in the rating schedule will represent as far as can practicably be determined, the average impairment in earning capacity in civil occupations resulting from disability.

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

(b) Exceptional cases—(1) Compensation. Ratings shall be based as far as practicable, upon the average impairments of earning capacity with the additional proviso that the Secretary shall from time to time readjust this schedule of ratings in accordance with experience. To accord justice, therefore, to the exceptional case where the schedular evaluations are found to be inadequate, the Under Secretary for Benefits or the Director, Compensation and Pension Service, upon field station submission, is authorized to approve on the basis of the criteria set forth in this paragraph an extra-schedular evaluation commensurate with the average earning capacity impairment due exclusively to the service-connected disability or disabilities. The governing norm in these exceptional cases is: A finding that the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards.

carlie

Edited by carlie (see edit history)
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Guest rickb54

I think IU is an extra schedular rating. And I think Special monthly Compensation (SMC) are also considered extra schedular ratings.

This is becasue IU is in addition to the schedular award of 10% - 90%.

and SMC's are in addition to schedular awards of 10% - 100%.

example I am rated 90% but I collect IU

I also get a SMC-K award for loss of use of left foot again over and above the schedular awards

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Thank you for your replies.

The RO sent my husband the "what the evidence must show" for IU & for the extra schedular evaluation - in their reply to his newest claim.

We didn't receive that on his 1st claim - so I wasn't sure what it was for.

They did send him the IU form along with it (which we filled out & sent in right away), so that is probably what it was for, but he also may fall under SMC L - loss of use below the knee..... so I wasn't sure which they were considering for him .

Edited by gwvet90 (see edit history)
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