hammer Posted April 26, 2018 Share Posted April 26, 2018 VA Percentages decision on recent claim. I am the spouse of the veteran and trying to understand how to add up the percentages. Could someone please assist me? Will there be back pay to Vietnam exposure for 1967-68 and 1971-72? SC Parkinson’s (Herbicide Expo)-granted 50% SC Muscle Rigidity & Stiffness, left lower extremity (Herb Expo)-granted 30% SC Muscke Rigidity & Stiffness, right lower extremity(Herb Expo) 30% SC Balance Impairment/Bradykinesia (Herb Expo) 20% SC Tremor w/Muscle Rigidity & Stiffness, upper extremity (Herb Expo) 20% SC Urinary Problems (Herb Expo) 20 % SC Speech Changes (Herb Expo) 10% SC Cognitive Impairment/Dementia w/sleep disturbance. 30% Thank you very much, for Hammer (Lee Ervin) Link to comment Share on other sites More sharing options...
0 jfrei Posted April 27, 2018 Share Posted April 27, 2018 This would be a total of 90% for the Va, I may be wrong I forget the bilateral disability equation for the two lower extremies as for the backpay it will be paid and backdated to the claim date it was filed. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted April 27, 2018 HadIt.com Elder Share Posted April 27, 2018 iF YOUR HUBBY CAN'T WORK BECAUSE OF ALL THESE S.C. DISABILITIES THEY SHOULD USE THE 38 CFR REG 4.16 EXTRA SCHEDULAR RATING FOR TDIU P&T FOR A COMBINED RATING to be paid at the 100% rating if you use a VSO please check with him/her on this? ALSO REQUEST SMC S 1 BE GRANTED BECAUSE HE CAN'T LEAVE HOME FOR WORK..your hubby should be climbing the age ladder too his age should be around 66-69? Also apply for SSDI if he has not yet? jfrei is correct on all 8 ratings 90% combined ...however there is a big pay difference from 90% to 100% plus extra benefits. I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!! Link to comment Share on other sites More sharing options...
0 Moderator broncovet Posted April 27, 2018 Moderator Share Posted April 27, 2018 (edited) For the effective dates, read deeper into the decision and it should say. As Jefri posted, you dont "add" those you combine them under a forumula which benefits VA and hurts the VEt. I did not combine the numbers, but 90 percent sounds right, but the bilateral factor makes it more complicated. (As if it were not complicated enough now). Your benefits should be "retro" to the date you first applied, or the date the doctor said you became disabled. Its an almost certainty that you wont be paid back to the 1970's. It sounds like your hubby is what we call a "Nehmer" Vet, (from boots on the ground Vietnam). This means you can contact the NVLSP, and email them your decision(s), and they will confirm they are correct, or help you appeal the percentages or effective dates with an attorney for free. In the famous "Nehmer" case, the NVLSP represent Vets in a class action suit and won. This means Nehmer Vets get their attorney fees paid by the government. So you can get a lawyer for free, and they will be happy to check your decision and see if you were paid correctly at the right effective dates. You would be crazy not to take advantage of this. Contact NVLSP here: http://www.nvlsp.org/what-we-do/lawyers-serving-warriors/assistance-applying-for-combat-related-special-compensation?gclid=CjwKCAjwlIvXBRBjEiwATWAQIlUby0Ao2NnwOHsLYOkPjyJidvHu7Ta17UU3_xEo8Hu6uI0fP-ToNBoC0cIQAvD_BwE They know if you qualify as a Nehmer Vet, provided you give them dates and stuff Edited April 27, 2018 by broncovet Link to comment Share on other sites More sharing options...
0 hammer Posted April 27, 2018 Author Share Posted April 27, 2018 I have only received a letter from his VSO with the info I submitted on this site. A letter will follow, they said. VSO letter has effective date Nov 2017, when claim was submitted. I had filed a claim for the Parkinson’s a few years ago and it was denied. In that claim, my documentation showed doctors disgnosis in 2010. Thank you so very much. I was at the Nehmer site last night and have their number to call. You were right on time with your host of info! I thank you so much for your help. My husband is not well at 84 with numerous ailments other than Parkinson’s. If he were able, he would thank you as well. Link to comment Share on other sites More sharing options...
0 Berta Posted April 27, 2018 Share Posted April 27, 2018 This was the Agent Orange email addy when NVLSP went over my AO claim and did that for many others,to make sure their EED was correct: Staff Attorney*National Veterans Legal Services Programagentorange@nvlsp.org Toll-Free: 1-855-333-0677 I dont know if they are still using that but by all means contact them with the # you have. They will need info and date on the denial letter. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
0 Berta Posted April 27, 2018 Share Posted April 27, 2018 If the Parkinsons has caused dementia ( i dont know if it would) but if the VA determined dementia from it,the VA should apply this rating: "Dementia due to neurologic or medical conditions that results in total occupational and social impairment warrants a 100 percent rating. 38 C.F.R. § 4.130, Diagnostic Code 9326." https://www.va.gov/vetapp09/files5/0938742.txt GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
Question
hammer
VA Percentages decision on recent claim. I am the spouse of the veteran and trying to understand how to add up the percentages. Could someone please assist me?
Will there be back pay to Vietnam exposure for 1967-68 and 1971-72?
SC Parkinson’s (Herbicide Expo)-granted 50%
SC Muscle Rigidity & Stiffness, left lower extremity (Herb Expo)-granted 30%
SC Muscke Rigidity & Stiffness, right lower extremity(Herb Expo) 30%
SC Balance Impairment/Bradykinesia (Herb Expo) 20%
SC Tremor w/Muscle Rigidity & Stiffness, upper extremity (Herb Expo) 20%
SC Urinary Problems (Herb Expo) 20 %
SC Speech Changes (Herb Expo) 10%
SC Cognitive Impairment/Dementia w/sleep disturbance. 30%
Thank you very much,
for Hammer (Lee Ervin)
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