Need some help with VA math

[ShrekTheTank]

Just got off the phone with the VFW rep at the regional office and said my Dercums is now at 60% but said I am not at 100% I have done 3 calculators now and I don't understand

tension headaches	30%	Service Connected		12/10/2018
irritable bowel syndrome (to include claimed fecal incontinence, bowel condition, gastrointestinal problems, chronic hypertrophic gastritis)	30%	Service Connected		03/06/2015
n
multiple scars that are tender or unstable such as status post inguinal hernia scars; disfigurement from lipomatosis dolorosa; and upper extremity lipoma scars (previously 7805)	30%	Service Connected		12/02/2013
left chest lateral posttraumatic 8th rib, episodic intercostal myalgia (claimed as left rib pain)	0%	Service Connected	Predischarge Exam	12/02/2013
post-traumatic stress disorder (PTSD) (to include claimed cold sweats)	30%	Service Connected	PTSD - Combat	02/12/2014
tinnitus	10%	Service Connected		02/12/2014
left knee strain (previously rated as left knee retropatellar pain syndrome)	10%	Service Connected	Predischarge Exam	12/02/2013
Dercum disease (lipomatosis dolorosa)	10%	Service Connected		12/04/2014
status post right inguinal hernia repair (claimed as pain and numbness, status post right inguinal hernia repair)	0%	Service Connected	Predischarge Exam	10/02/2004
hypertension	0%	Service Connected	Predischarge Exam	10/02/2004
scars, status post lipoma excision, left arm	0%	Service Connected	Predischarge Exam	10/02/2004
scars, status post lipoma excisions, right arm	0%	Service Connected	Predischarge Exam	10/02/2004
left knee retropatellar pain syndrome	0%	Service Connected	Predischarge Exam	06/01/2010
scar with minimal hypoesthesia, status post right inguinal hernia repair	0%	Service Connected	Predischarge Exam	10/02/2004
left chest lateral posttraumatic 8th rib, episodic intercostal myalgia (claimed as left rib pain)	0%	Service Connected	Predischarge Exam	10/02/2004
fibromyalgia	40%	Service Connected		01/05/2016

[Buck52]

1 hour ago, shrekthetank1 said:

Just got off the phone with the VFW rep at the regional office and said my Dercums is now at 60% but said I am not at 100% I have done 3 calculators now and I don't understand

tension headaches	30%	Service Connected		12/10/2018
irritable bowel syndrome (to include claimed fecal incontinence, bowel condition, gastrointestinal problems, chronic hypertrophic gastritis)	30%	Service Connected		03/06/2015
n
multiple scars that are tender or unstable such as status post inguinal hernia scars; disfigurement from lipomatosis dolorosa; and upper extremity lipoma scars (previously 7805)	30%	Service Connected		12/02/2013
left chest lateral posttraumatic 8th rib, episodic intercostal myalgia (claimed as left rib pain)	0%	Service Connected	Predischarge Exam	12/02/2013
post-traumatic stress disorder (PTSD) (to include claimed cold sweats)	30%	Service Connected	PTSD - Combat	02/12/2014
tinnitus	10%	Service Connected		02/12/2014
left knee strain (previously rated as left knee retropatellar pain syndrome)	10%	Service Connected	Predischarge Exam	12/02/2013
Dercum disease (lipomatosis dolorosa)	10%	Service Connected		12/04/2014
status post right inguinal hernia repair (claimed as pain and numbness, status post right inguinal hernia repair)	0%	Service Connected	Predischarge Exam	10/02/2004
hypertension	0%	Service Connected	Predischarge Exam	10/02/2004
scars, status post lipoma excision, left arm	0%	Service Connected	Predischarge Exam	10/02/2004
scars, status post lipoma excisions, right arm	0%	Service Connected	Predischarge Exam	10/02/2004
left knee retropatellar pain syndrome	0%	Service Connected	Predischarge Exam	06/01/2010
scar with minimal hypoesthesia, status post right inguinal hernia repair	0%	Service Connected	Predischarge Exam	10/02/2004
left chest lateral posttraumatic 8th rib, episodic intercostal myalgia (claimed as left rib pain)	0%	Service Connected	Predischarge Exam	10/02/2004
fibromyalgia	40%	Service Connected		01/05/2016

This is correct on all these above  it all comes out to 89.498% rounded out to the 90%   but I never figured in your 5= 0%  I think when you have so many conditions s.c. at 0% they give you a 10% rating per 3 rated at 0%  but I am not sure on this.?..I got a 0% S.C. Rating for ED but its paid out 108** month added into my other comp payments.

Unless they say this is Pyramiding?....   I think you should be at 100%

I think GB Army knows about the  S.C. 0% and how many we need to become a 10% S.C. Rating??  He may can help us figured this out?

Edited July 23, 2019 by Buck52

[Buck52]

The rule against pyramiding is an exception, in that it prohibits compensating a veteran more than once for the same disability or same manifestation.

What does the VA mean by “same disability” or “same manifestation”? The important thing to remember is that if you are looking to receive separate ratings as a result of a single disease or injury, the argument that needs to be made is that you suffer from a variety of symptoms that are covered by diagnostic codes that are not duplicate and do not involve overlapping symptomatology. For instance, a veteran who suffers from disfiguring scars, painful scars, and facial muscle damage that limits functionality can be rated separately under each relevant diagnostic code even though the conditions are the result of the same disability. The key in these cases is that the same symptoms cannot be used to support two separate ratings.

Another common example of pyramiding involves mental disabilities. Quite often a veteran will suffer from more than one mental disorder, such as PTSD and bipolar disorder. It is often difficult to determine what manifestations are the results of one mental disorder, and what manifestations are the results of the other. Therefore, typically all mental disorders are rated together. But, it is possible for a veteran to receive separate ratings for two distinct mental disorders if there are manifestations of one mental disorder which are not manifestations of the other. But note, this would not be a simple argument to make and would most likely require an independent medical opinion that describes how each mental disorder has separate manifestations.

As you can see, pyramiding is a complicated issue, and is it also one that the VA often gets wrong. The VA has had a tendency to over-apply the anti-pyramiding rule, so if you have a disability that results in separate symptoms that do not overlap, you may be able to get separate ratings for each condition, and you should appeal your rating decision if the VA fails to separately rate each condition. For such cases, it would likely be helpful to get an independent medical opinion that shows how the single disability results in distinct, separate conditions that do not have overlapping symptomatology.

 

Source: Hill & Ponton Attorney's

[Vync]

I was basing my calculations on this:

2 hours ago, shrekthetank1 said:

the regional office and said my Dercums is now at 60%

 

Regarding pyramiding, they might try to pyramid dercums with your scar rating. Decrums does not have a dedicated diagnostic code number, so they likely considered it an analogous rating and rated it under something different. They should be able to tell you if pyramiding was factored in.

[Richard1954]

1 hour ago, Buck52 said:

but I never figured in your 5= 0%  I think when you have so many conditions s.c. at 0% they give you a 10% rating per 3 rated at 0%  but I am not sure on this.

§ 3.324 Multiple noncompensable service-connected disabilities.

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

[40 FR 56435, Dec. 3, 1975]

 

 

I have 4  0% ratings and to my knowledge the va never granted me and extra 10%.....but I am at 100% so maybe they just didn't bother to consider this .

Edited July 23, 2019 by Richard1954

[Buck52]

Well with the ratings Shreakthetank1 put up It looks like to me HE SHOULD BE RATED 100% Scheduler on the combined rating chart.

I don't think the injury's or diseases he has S.C. don't over lap the others  but this is something a Qualified  Dr would need to decipher, the rater should be able to do it  if not then they just say this thinking he would not appeal the decision.

[Vync]

50 minutes ago, Richard1954 said:

§ 3.324 Multiple noncompensable service-connected disabilities.

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

[40 FR 56435, Dec. 3, 1975]

 

 

I have 4  0% ratings and to my knowledge the va never granted me and extra 10%.....but I am at 100% so maybe they just didn't bother to consider this .

3.324 only applies if the veteran has no other compensable SC ratings and is unable to work because of them:

https://www.va.gov/vetapp18/files7/18116444.txt

Quote

As a compensable rating under 38 C.F.R. § 3.324 requires that the claimant not be in receipt of a compensable rating for any service-connected disorder, the claim for entitlement to a 10 percent rating based on multiple, non-compensable, service-connected disabilities must be denied as a matter of law.  See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).

 

More info here: https://www.hillandponton.com/veterans-multiple-non-com-ser-con/