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Commonly Claimed Disabilities
Tinnitus | PTS(D) | Lumbosacral Cervical Strain | Scars | Limitation of flexion, knee | Diabetes | Paralysis of Siatic Nerve | Limitation of motion, ankle | Degenerative Arthritis Spine | TBI – Traumatic Brain Injury
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VA Math, Confusing, Right? Calculate Your Final Rating Percentage!
Tbird posted a blog entry in Tbirds Blog,
10 + 50 = 50 and other VA math mysteries explained.
VA Math It’s Not Your Mother’s Arithmetic
“VA Math” is the way that the VA computes combined impairment ratings for multiple conditions in a Veteran’s compensation benefits claim – and it requires that you unlearn real math. When a Veteran has multiple medical conditions that are service-connected and the Veterans Affairs rates each at a different percentage, it would seem that they should just add up your percentages to get to a total body impairment rating.-
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VA will propose adding rare cancers to the presumed service-connected list as related to military environmental exposure
Buck52 posted a question in VA Disability Compensation Benefits Claims Research Forum,
https://www.va.gov/opa/pressrel/pressrelease.cfm?id=5768-
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Post in I need some help, please
Tbird posted an answer to a question,
If you are looking for help taking care of him something like a home health aide that comes in during the week and helps with what he needs help with. For this I would contact your local VA hospital and ask to speak to the Social Worker, explain your situation, ask for help and how to proceed.
If you are looking for additional compensation in the form of Special Monthly Compensation check out this video from CCK Law I think it will give you a good idea what it is and how to go about applying for it.
For example there is a Special Monthly Compensation Rate for TBI try reading this article from The Veterans Law Blog on SMC T It is a subscription site but it allows you to view 3 articles for free a month.
Special Monthly Compensation (SMC)
I hope this helps.
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Post in I am now 100% P&T, what do I need to know to apply for Social Security Disability?
Tbird posted an answer to a question,
You can now apply on line Read the below PDF or go here to Apply and read more https://secure.ssa.gov/iClaim/Ent002View.action
Here is a checklist for what you will need
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Celebrating 25 years! Thank you for making this possible!
Tbird posted a question in VA Disability Compensation Benefits Claims Research Forum,
Celebrating 25 years! Thank you for making this possible. https://Hadit.com/about-
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Question
syne7
Hello, I separated from active duty on 5/10/1997. In my rating decision on 8/5/1998 the VARO/letter stated the following:
1. The claim for service connection was received on August 8, 1997; therefore, service connection is established effective the day following separation from active service.
2. Service connection for restrictive airway disease is granted with an evaluation of 10 percent effective May 11, 1998.
3. Service connection for chronic left ankle sprain is granted with an evaluation of 0 percent effective May 11, 1998.
These dates should be May 11, 1997, not 1998. The VA did not start paying me until 11/5/1998 according to ebenefits.
Should the effective dates be May 11, 1997? The day after I was discharged? As a CUE can I get these dates adjusted and back pay for the 10%?
Later in my letter it says, "There was no evidence of limited range of motion in left ankle to warrant a compensable evaluation."
However, in the medical records there were two instances that measured the dorsiflexion as less than normal.
1. SMR show an entry with 0 degrees of dorsiflexion and 35 degrees of plantarflexion.
2. The C&P Examiner found 10 degrees of dorsiflexion and then say "Normal range of motion."
Normal range of motion is defined at 0 - 20 degrees by .” 38 C.F.R. § 4.71.
My questions are:
1. Do I have a CUE for dates and can I get back paid to 5/11/97 vs. 5/11/98 or 11/5/98?
2. Since my entrance exam showed normal, is there CUE with an examiner measuring me at 50% range of motion, and then saying "Normal range of motion" with out a rationale? Also since the decision says there is no evidence of limited range of motion, and there are in the medical records. Or will this fall under the "how someone interprets a result" is not a CUE.
My understanding is that with a "normal" entrance exam, my normal range of motion should be established at 0-20 degrees of dorsflexion. Someone measuring me at 50% and declaring that "normal range of motion" should be a clear and unmistakable error. As many decisions rate 10 degrees of dorsiflexion at 10% or 20%. This would certainly manifest a different outcome from "0".
Am I smoking my own fumes, or is this argument likely to fly?
Lastly, I could argue that my ankle should have been rated under Anklyses, which would be 30%. However, I suspect that might fail under "descretion.".
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I will let others opine on the ratings... "Hello, I separated from active duty on 5/10/1997. In my rating decision on 8/5/1998 the VARO/letter stated the following: 1. The claim for servi
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SYNE7, IMHO the best thing you can do is to seek out an attorney that is familiar with VA and filing a claim for EED and CUE. CUE claims are so tricky and to fully answer your questions someone would
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