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

[Carl the Engineer]

I just read the transcript. I'm lost.

Not unusual,

Hamslice

[broncovet]

Wow, Hamslice. You did better than I did. I could not find a transcript, only an audio recording. If I could get a transcript, then I would get it better because I can not hear half of what they say. How did you get a transcript???

[Andyman73]

My 2 cents worth(less),

I had a 0% for hearing loss, for 7yrs, then, mysteriously it bumped to 10%. I was fitted for hearing aids while on AD, and once again a few yrs later by VA. Wore it for a while, but had to keep taking it out cuz job required wearing hearing protection. Several of the VA reps I asked about it had no inkling as to why it was increased. Nothing in my file they looked at, showed the reasoning behind it.

I'm not complaining, tho!

[Carl the Engineer]

Wow, Hamslice. You did better than I did. I could not find a transcript, only an audio recording. If I could get a transcript, then I would get it better because I can not hear half of what they say. How did you get a transcript???

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-7017.Opinion.3-6-2015.1.PDF

It reads like a "not me, someone else's fault" circle jerk, except we are talking about "supposedly" smart people, not a handful of privates hiding out in the motorpool...

[deltaj]

I know a veteran who got a 0% rating for service connected varicose veins. V.A. said in their decision that

his service medical records did not show varicose veins. He appealed by filing a notice of disagreement and

submitted service records he had obtained from the National Personnel Records Center showing he developed

varicose veins in service. One month before the two years from the date the first decision was made V.A.

granted him a 30% rating for varicose veins and acknowledged error in the prior rating decision. Later he

learned a veteran with a new service connected disability only has two years to apply for service disabled

veterans life insurance and that totally disabled veterans can get a waiver of premium on a $10,000 life

insurance policy. Consider that your 0% rating may just be a sneaky tactic to prevent you from learning

about a benefit you are entitled to apply for.

[ArNG11]

I would have to agree with this to the extent that zero percent ratings are a sham. If there truly exist a disability, which is to say an illness, injury or condition which affects employment should hold a minimum rating, should hold a monetary value. It is clearly a wrong interpretation for the reasons this attorney and many people who argue this going. If lets say a non-compesenble rating for IBS, or GERD or a single injury or bilateral condition which has some negative effect on employment, negative result which is to say loss in hours for frequent restroom stops or treatment by a medical professional or rather a loss time away from work, loss of performance, loss of time on the job, MOST importantly a loss in productivity which consequently reduces the earning capacity of an individual then it should hold some type of monetary compensation.

I hope that makes sense As my vision is blurred at the moment. Maybe the VA will make a rule or regulation that incorporates a 5% rating for two zeroes or even better a rating that meets the loss of income that a Veteran suffers as a result of a service connected injury, disease, or illness.

Heck I'm all for that. On average I go to the can 8 times or so a day, that is a loss of time from productive work. Ergo loss in monetary wages which is what the true definition of a disabilities impact on the service member.

I most definitely agree that a zero rating should not even exists. Maybe change the rating system to incorporate 5%, no, no more worms in the can. I believe two zero, three zeroes should hold a compensable value.

Wouldn't that be grand. I wonder what the figures would look like if zeroes were done away with and replaced with 5 or 10 %'s?

As the law reads zeroes should be illegal.

Edited July 18, 2015 by ArNG11