10% Compensation

[GloverEggs]

I love the internet. All of this information is available now, but when I was medically discahrged in 1993, I couldn't find out anything. I was discharged with 10% for bilateral posterior tibial tendonitis. After a joke of an exam, the VA said I was service connected at 0%. One of the things they also told me was that they didn't pay compensation for less than 30% disability so 0% really wasn't any different than 10%.

I have refiled my claim and easily got a 30% rating which I am fighting with a NOD since it should be 50% based upon my C&P exam results. I am also fighting the zero rating that they gave me back in 1994 based on blatent errors.

However, has there been a time when the VA only paid monthly compensation for 30% or over or was that something else the El Paso VA told me that was a lie (they actually told me that since I could work at a desk I wasn't disabled)?

[Vike17]

Glovereggs,

You said you were discharged with a 10% for "bilateral posterior tibial tendonitis." Was this a DoD determination through a Meb/Peb proceedure? What does the rating decision that assigned the 0% rating state and what does the C&P exam note? What Diagnostic Code did VA assign to the disability?

As far as your recent rating increasing you to 30%, what does that rating decision give for VA's rational to assigning that percentage? Why do you feel it should be rated at 50% What does the C&P exam state?

If you're "fighting" the rating from 0% evaluation from 1994, on what basis do you contend VA made a mistake. In order to be able to appeal a decision where the one year appeals period has elapsed, there must be what is called a Clear and Unmistakable Error (CUE), not just a "blatent" error. A CUE is based on the accuracy of the decision made by the decision maker on the basis of whatever evidence is in front of him/her at the time of that decision. Judgment calls by decision makers are not CUE's.

VA has never just paid disability compensation at the 30% rate or higher. It has always been starting at 10%. Maybe you misunderstood someone, as VA does pay additionl allowance to veterans that have a 30% rating or higher for their dependents? What else did the VA tell you was a lie?

There is just too much information missing that needs to be answered before I can begin to even speculate on what is going on with your claim.

Vike 17

[Pete53]

Glovereggs:

Welcome to Hadit. Vike17 can help you

[cloudcroft]

GloverEggs,

I live in El Paso,TX, so I use the VA Clinic that you mention...except I go there only when I have to. Not that it a terrible place, it's just that I don't like going to the doctor often! When I have to go to the VA, I get edgy and a bit on the irritated/annoyed side with people there. Consequently, for this reason or that, I sometimes see my Primary Care doctor once a year instead every few months. Sometimes, HE is gone for 2 weeks at a time because of his recurring back problems...this happens often (about 6 times now in the last few years), and I find out about it when I go in for my appointment and am only THEN told by desk staff that he's not in!

As for the VA benefits office there, I have to admit that is IS valuable to have them here so I can hand-carry any documents in to them and get it date-stamped, so I can PROVE that they got the docs. When I started my claim back in 2001, a VA Benefits rep there was pretty negative about me winning. I admit it didn't look good but I really didn't need to hear the negativity. I've seen that here before from other staff elsewhere in the clinic. Going to the "Executive Suite" on the upper floor and speaking with his secretary has taken care of that problem on several occasions. I have had poor results using the Patient Advocate...who is next to useless here, but maybe she is just powerless to do much, who knows.

And my so-called VSO -- The Texas Veterans Commission rep at the VA Clinic office -- was 100% useless. The Waco, TX, TVC rep was a bit better...only 99% useless. So I went it alone..."all the way to the BVA" (sounds like a slogan, doesn't it).

And you're right about "exams"...I am a "mental case" and it's amazing how a shrink can evaluate you in 20 minutes; I didn't think I was that obvious!! B)

But that's all over for me now since I won my claim back in March of 2005...after 4 years of struggle -- to the exact month -- and waiting. And a nice retro-check for those 4 years.

If you ever come to El Paso, let me know...we can go have coffee!

Good luck to you in your efforts,

-- John D.

70% TDIU/P&T

Army - RVN - 1969-70

USCG - Galveston,TX - 1976-78

Edited January 13, 2007 by cloudcroft