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Understanding of VA Decision %’s on Claim

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hammer

Question

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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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.

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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.

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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 by broncovet
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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. 

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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 Program
agentorange@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. 

 

 

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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

 

 

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