Home Oxygen rating

[*Jimka2]

I have a 30% rating for asbestosis, 4 years ago. Now breathing much worse VA  walking breathing test indicated 89% Can not walk farther than 100 feet with out breathing difficulitys. Does home oxygen given by the VA mean 100% rating?

[broncovet]

Are you working?   I dont see too many people waiting on me at McDonalds or Kroger who are carrying around Oxygen tanks.  Possible, but unlikely.  

If you were going to a hearing, (for TDIU), and you had to have Oxygen for your hearing, my guess would be that the judge would approve you, as you can not perform a lot of work while on Oxygen.  

Of course, the VA does not think the way I do, they would rather concoct a denial, and somehow you could sell pencils to blind people who "happen" to come within reach of your cord for oxygen.  Or, maybe you could sell oxygen supplies on the phone.  (How you would get the breathe to keep talking 8 hours a day on oxygen probably would not occur to raters)  

[vetquest]

18 hours ago, *Jimka2 said:

Thanks very much Chief, but I do not understand what BVA and "specific DX means. . Please give me the docket numbers for 02 supplemental increase awards. Thanks again

BVA means Board of Veterans Appeals.  DX means diagnosis.

[Gastone]

At only 1 SC of 50%, you're not Scheduarly Eligible to file a Claim for IU. You'd end up with an Administrative Denial.

Start a New Claim for Increase on you E-Ben site to establish the File Date, just don't hit the Submit BUTTON, just yet.

How about posting a redacted copy of your Rating Award and the DX indicating the need for Supplemental Home 02. That should be in your My Healthy Vet (MHV) on-line Med records. Check your "Treatment Notes," for the info.

Any luck on your BVADecision search? BVA Decisions don't usually become "President" or Precident Setting. They do give you an idea of the BVA's mindset regarding 02 home use.

[broncovet]

True, he is proably not YET met the criteria for a "schedular" (4.16a) rating of tdiu, but, since he is seeking an increase, he may just as well seek tdiu, AND even if an increase is denied, he can still seek a 4.16 b TDIU.   

Oh, and yes, I have gotten tdiu via 4.16 b but, like other stuff, it did not come without a fight.  

A TDIU claim does not exist stand alone, from CAVC decisions in the past 5 years or so.  In other words, you seek an increase AND tdiu, concurrently, and that could result in an increase to a schedular level (4.16 a), and also tdiu, as well as a possibility (tho remote) of a 4.16b tdiu rating.  

 

Quote

 

4.16 Total disability ratings for compensation based on unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.

 

 

(Authority: 38 U.S.C. 501)

(b) It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled. Therefore, rating boards should submit to the Director, Compensation Service, for extra-schedular consideration all cases of veterans who are unemployable by reason of service-connected disabilities, but who fail to meet the percentage standards set forth in paragraph (a) of this section. The rating board will include a full statement as to the veteran's service-connected disabilities, employment history, educational and vocational attainment and all other factors having a bearing on the issue.

[Gastone]

All Comp Claims, requesting a New, Secondary or Increase are viewed are mandated by VA Reg, to be viewed as the Vet is requesting the maximum Service connection Award Allowable, too include IU and SMC; regardless if IU or SMC is specifically Requested by the Vet. 

If the Vet's SC Disability Picture is of such severity, the Rater can forward to DC a request for an Extra-Scheduler IU Award; regardless of the Vet's SC's not meeting the Scheduler IU Filing Requirements.