70% SC, Questions on new claim

[Combatmedic271]

 

 

Rating Award.docx

Edited October 17, 2018 by Combatmedic271

[Combatmedic271]

Bump! 

[jfrei]

As much as you will try and fight getting your TBI and PTSD they will try and combine them im sure your tbi seems to be a higher warranted rating then your 30 % for PTSD.combined along I would take a guess of at least 50% or 70% alone Hurry up and file you have all the evidence submit it with your new claim try to submit all the evidence make sure to bring copies of all tbi history records that highlight claims your bringing up to the C and P inspector.

[Combatmedic271]

Thanks jfrei.  Can anyone shed some light on the other questions? Thank you. 

[Gastone]

What makes you think that any condition that is actually "Bi-Lateral" has not already received the "Bi-lateral Factor" when computing your current CSC Rating? Have you filed a VA FOIA request to get a copy of your C-File? It would behoove you to do so at your earliest convenience.

You might want to read up on the VA's latest TBI Rating policies. Unless there is a Dent or substantial Scaring, the Residual Neurological Symptoms get the Disability Rating. If you believe any or all of your 09 SC's have worsened, definitely file the FDC Claim for Increase, let the VA C & P Drs and Raters figure it out.  How about posting a redacted copy of your 2009 Award?

Do you use your VMC for all your Medical care? Have you been referred to the VA Occupational/Physical therapy Dept for your multiple joint problems? When you were initially referred by your VA PCP to the VA Neurology Dept, did you have an EMG performed?

[Combatmedic271]

Gastone,

It is my understanding that there is an additional 10% rating applied with the bilateral factor and I do not see that on the  redacted award letter I attached.  I have not filed for a copy of my C-file, but I will this week.   I have been reading up on the new TBI rating policies and it sounds like PTSD is mental and TBI is physical, but the veteran has to really push to have it rated that way.  Are you saying that unless there are visible signs of TBI it cannot be rated separately from PTSD?

I do use my VMC for all my medical care, however, I have not been referred to OT/PT for my joint problems.  Lastly, I was not referred to Neurology yet.  My PCP had me have an MRI 2 weeks ago, and I have a follow-up in 2 weeks with her and my MH provider in the next 2 weeks.

I understand I should she PT and neurology for these conditions.  Should I also be pushing for DBQ's to be filled out for TBI, PTSD and my joint problems? Thank you. 

Rating Award.docx

[Gastone]

You won't see the "Bi-Lateral" term on your E-Ben site. As to the 10% Bi-Lateral Factor, you're not quite accurate as to it's application. It's not an additional full 10% added to the SC. In your case, I see (2) Bilateral Conditions rated at 10% SC for both R & L feet and shins. The VA Bilateral Factor is the addition of 10% of the sum of the 2 SC's involved as Bi-Lateral. In your case, each foot is 10% = 20% (+1%) = 21% for your CSC Calculation.

Take a moment and run your SC numbers on the Hadit Calculator. 1@30 and 8@10 = 69.87 rounded up to 70%. Your erroneous understanding of the 10% Bilateral calculation would have you picking up an additional 20% for a CSC of 75.89, rounded to 80%. Run 1@ 30, 2@ 21, 4@ 10, you'll see that the CSC is 71.336, rounded down to 70%.

Was there anything mentioned in your Award Letter regarding  "Bi-Lateral?"