0 Percent Rating Illegal?

[broncovet]

I recall reading something about, at least one person said that 0 percent ratings are illegal. They cite congress report saying that Vets will be compensated from 10 to 100 percent, and "o%" was made up by VA so they could save money. I may try to find it, but my head is spinning from the I9 right now. It makes sense VA would do this: "invent" a 0% rating" when congress did not approve one.

I think VA may try to agrue that 0 percent Vets do get compensation in the form of medical benefits, but there is no difference in medical benefits for a 0 percent Veteran or a nsc Vet.

A rating of Zero percent is Compensation rating: Compensation is defined as:

com·pen·sa·tion (kŏm′pən-sā′shən)

n.

1. The act of compensating or the state of being compensated.

2. Something, such as money, given or received as payment or reparation, as for a service or loss.

3. Biology The increase in size or activity of one part of an organism or organ that makes up for the loss or dysfunction of another.

4. Psychology Behavior that develops either consciously or unconsciously to offset a real or imagined deficiency, as in personality orphysical ability.

com′pen·sa′tion·al adj.

American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2011 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.

compensation (ˌkɒmpɛnˈseɪʃən)

n

1. the act or process of making amends for something

2. something given as reparation for loss, injury, etc; indemnity

3. (Physiology) the automatic movements made by the body to maintain balance

4. the attempt to conceal or offset one's shortcomings by the exaggerated exhibition of qualities regarded as desirable

5. (Biology) biology abnormal growth and increase in size in one organ in response to the removal or inactivation of another

ˌcompenˈsational adj

Edited July 8, 2015 by broncovet

[broncovet]

3.324 Multiple noncompensable service-connected disabilities.
Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

[Carl the Engineer]

Just looked, I have seven, yes 7 SC'd at a zero rating.

Probably should look to increase all 7 every 2-3 years, just to see what sticks..

Anyway,

Hamslice

[Philip Rogers]

Just looked, I have seven, yes 7 SC'd at a zero rating.

Probably should look to increase all 7 every 2-3 years, just to see what sticks..

Anyway,

Hamslice

Hamslice - yes, absolutely, you should file for an increase, on all zeros, and any conditions that are not rated at the max allowed for those conditions. jmo

pr

[broncovet]

It sounds like what 3.324 is saying is that yes, if you have 3 "o's" then you can get 10 percent. But, if you have 70 percent and 3 zeros you dont get squat for your 3 zero's.

[Vync]

Reading into 3.324, they mention permanent ratings which clearly interfere with normal employability. Wow, talk about making it that much more difficult. The VA would probably fuss about the 0% ratings not being permanent. Makes me wonder if one would have to have had the 0%'s for 10 or 20 years...

[broncovet]

I found it! It was in the Veterans Law Library. They are discussing whether zero percent ratings are legal.

http://www.veteranslawlibrary.com/files/Fed_Cir_Audio/2015/Wingard_2014-7017.mp3

You can access it at the Veterans Law Library, Feb 3, 2015.

http://www.veteranslawlibrary.com/