Is my rating correct if not is it a cue or ?

[ruby]

I hope this is in the right place.

I've decided to ask for increase in Sc conditions plus ask for a couple of secondary claims. Decided to see how I was rated my decision is very complicated.  My only concern was I serviced connected  for arthritis in all joints and back and granted 100% so I didn’t pay attention to the decision.

I asked for TDIU in 2010 the DRO stated it was moot as I was 100% secular.  I’ve added my Disability ratings up and I do not get 100%.

my ratings are 70, 30, 20, 20, 20, 20, 10, 10, 10, 10.  This comes to 94.356 from my understanding that’s not 100%.  Am I wrong?  I have 9 additional 0% that should have been rated at least 10%, 10 years ago, now they should be much higher I’ve had 28 epidural injections in my back, plus my hands and knees.  Recently had a discectomy.  My 30% I think is worse and would be rated 60% now.

My question if I apply for increase and 2 secondary conditions.  Can the VA say oops your not 100% and you owe back pay as I did get mid 5 figures for back pay.  Even though the TDIU was moot because of the secular.  I can’t lose this income so I’m thinking of not asking for increase but I need SMC.  I use a walker and a scooter given by the VA for my ambulatory issues arthritis and other nsc issues ( threw a clot during surgery). 

if I apply I’m sure I will need help with forms it’s been almost 10 years since I applied for anything

Thanks for your thoughts.

Ruby

 

 

[john999]

If you have a written decision that says you are 100% scheduler I think that speaks  for itself. If you could get rated at 60% for other issues related to your joints that might be good for the SMC "S".  Have you spoken to a shrink to explain how this constant pain is depressing you and harming your intimate relationships?  I have not met one major disable person that does not feel anger and depression.  These sorts of emotional problems can be compensated.

[ruby]

Hey John,

yes and the VA gave me a disability for major depressive but you can not have 2 mental disorders  and I have 70% for PTSD. 

[brokensoldier244th]

His is not calculating bilateral factor

[ruby]

Thanks Broken

[broncovet]

Correction:  You can have 2 mental disorders and actually be rated for both.  However, you will only get compensation for "ONE" set of symptoms.  

Example:

     A Veteran has depression and PTSD diagnosed by VA.  The PTSD has symptoms of anger, rage, and night terrors.  MDD (depression) has symptoms of panic attacks, and, his wife is afraid of the Veteran as he throws things during a panic attack, and she fears for her life.  

     In this example, the symptoms dont overlap.  However, most of the times the symptoms DO overlap, and pyramiding only allows compensation for "one" set of symptoms.  So if PTSD caused your panic attacks and depression also causes panic attacks, then you dont get compensated for PTSD panic attacks and MDD panic attacks.  For more see the criteria for rating mental health disorders, which is the same for MDD, Schizo, etc. etc. etc.  

    

Quote

Total occupational and social impairment, due to such symptoms as:

gross impairment in thought processes or communication;

persistent delusions or hallucinations; grossly inappropriate

behavior; persistent danger of hurting self or others; intermittent

inability to perform activities of daily living (including maintenance

of minimal personal hygiene); disorientation to time or place; memory

loss for names of close relatives, own occupation, or own name 100

 

Occupational and social impairment, with deficiencies in most areas,

such as work, school, family relations, judgment, thinking, or mood,

due to such symptoms as: suicidal ideation; obsessional rituals

which interfere with routine activities; speech intermittently illogical,

obscure, or irrelevant; near-continuous panic or depression affecting

the ability to function independently, appropriately and effectively;

impaired impulse control (such as unprovoked irritability with periods

of violence); spatial disorientation; neglect of personal appearance and

hygiene; difficulty in adapting to stressful circumstances (including

work or a worklike setting); inability to establish and maintain

effective relationships 70

 

Occupational and social impairment with reduced reliability and

productivity due to such symptoms as: flattened affect; circumstantial,

circumlocutory, or stereotyped speech; panic attacks more than once

a week; difficulty in understanding complex commands; impairment

of short- and long-term memory (e.g., retention of only highly learned

material, forgetting to complete tasks); impaired judgment; impaired

abstract thinking; disturbances of motivation and mood; difficulty in

establishing and maintaining effective work and social relationships 50

 

Occupational and social impairment with occasional decrease in work

efficiency and intermittent periods of inability to perform occupational

tasks (although generally functioning satisfactorily, with routine

behavior, self-care, and conversation normal), due to such symptoms

as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or

less often), chronic sleep impairment, mild memory loss (such as

forgetting names, directions, recent events) 30

 

Occupational and social impairment due to mild or transient symptoms

which decrease work efficiency and ability to perform occupational

tasks only during periods of significant stress, or; symptoms controlled

by continuous medication 10

 

A mental condition has been formally diagnosed, but symptoms are not

severe enough either to interfere with occupational and social

functioning or to require continuous medication 0

 

 

 

[ruby]

Thanks Bronco,

The  DRO wrote he granted Depression as service connected.

summary, ,the evidence of record supports the grant of depression as secondary to the patients chronic pain, secondary to Sc arthritis of cervical pain and general effects from Medical condition.

subsequently to this,  the veteran established Sc ptsd with Sc for depressive disorder continued.  However, compensation is not provided separately for two co existing mental disorders.  Therefore the 2 disabilities are combined effective (date of Sc for ptsd,

He also noted  the examiners diagnosis was of ptsd, major depression ( to ptsd and Sc general medical conditions.)  

Some symptoms over lap.  

 I think  I want to ask for increase in my asthma/copd to 60% my pfts are worse.

ive had 28 steroid injections in my back over 10 yrs along with injections into my knees and hands, I had a negative reaction to my last injection and won’t get anymore.  I had a disectomy last year that’s related to the last injection.

Thanks