VETERAN'S APPLICATION FOR INCREASED COMPENSATION BASED ON UNEMPLOYABILITY

[ewsieczka]

So, I was rated 100% totally and permanently disabled back in Jan. 2019. 70% for insomnia disorder, 40% for lumbar intervertebral disc syndrome, 40% lumbar radiculopathy sciatic right lower extremity and left lower extremity, 40% lumbar radiculopathy femoral nerve right lower extremity and left lower extremity, and 20% left/right hip degenerative arthritis with limitation of extension. 

I'm under the impression that I can get additional compensation due to unemployability? Is that correct?   

[Buck52]

 I am incorrect  then the BVA is incorrect also.   so who to believe you or the BVA Decision?

I tend to believe the BVA.

& Richard 1954  you sound just like an A.H.  C&P Examiner I had one time  but he was unsuccessful

no one is disputing this= you quoted

''VA must consider the TDIU claim despite the existence of the scheduler total rating and award SMC under section 114(s) if VA finds the separate disability supports a TDIU rating independent of the other 100-percent disability rating'' yeah I agree with this.

I am meaning if a veteran is IU and wants to be 100% scheduler in a way of combined ratings and or enough rating %  to get him to the 100% scheduler  he can ,and the IU is moot, but with IU he also can possibly get the SMC- S and above if his condition warrants it  or meets the SMC Criteria.

with 100% scheduler  he would need an additional; 60% separate & Di stink  rating to meet the SMC S Criteria

 

 

you keep on  believing what you want. 

Edited October 18, 2019 by Buck52

[Richard1954]

49 minutes ago, Buck52 said:

& Richard 1954  you sound just like an A.H.

And what does an A.H. sound like.?    And your a Moderator.... If I had said this I suspect I would of been tossed off the board....

The problem with you is you don't like to be wrong so you resort to name calling...   I know 99% of the time what I am talking about...why  Because I was trained as  a service officer and helped veterans  for many years after I retired from Federal Service. This is not the fist time you have thrown veiled  insults my way .... and I don't appreciate it. 

You said I was not accurate...  and then you quote a Opinion Precedence that was withdrawn because of the Bradley V Peake decision....I suggest you  check your facts before you go off on someone...

I did not insult you in any way .... I just said you were incorrect .. after you told me I was not accurate... seems to be you should look in the mirror before you insult people... 

 

As I have said a few times before I don't need this kind of garbage 

 

  Tbird.... thanks for allowing me into your home.. but your children are rude... I  think its time for me to utilize my time in better way 

 

Please delete my account.

 

Edited October 18, 2019 by Richard1954

[Buck52]

Sir Excuse me ,I did not call you any names...re read what I said...I said you sound just like an AH C&P Examiner I had one time ''  THERE  IS  A DIFFERENCE !!!

You quoted

''. If I had said this I suspect I would of been tossed off the board.''...

No Again your incorrect....this is just a disagreement between two members....things can be worked out  you should know this if your an experience VSO 

Its not that I don't believe you its just the way you interpret things or explain things and mix in the CFR's...only to be confusing.

its your choice to leave and I apologize to you if you think I called you a name .

  Ms T won't ask you to leave but she may say we all need to be civil to each other.

Its your choice to leave and if you can believe it or not I wish you would stay because you do  help a lot of Veterans get their benefits and that's what this board is all about.

Its been a rough week for me. and maybe for all of us.

[vetquest]

OK guys.  I can see both sides and I can understand that Buck52 has had a rough week.  Richard1954 I do not think Buck meant that he was calling you an AH, your experience is appreciated on this site.