adjudication of an extra-schedular rating

[blahsaysme2u]

i have looked all over this forum for info on this and everything comes up about TDIU . i am not unemployed, though one could argue i probably should be. thats for another discussion. i dont want to sit on my but and have to keep busy...

anywho- i am not one to put all my eggs in one basket. so even though i really appreciate all of the help i get from here, i ask around at other places and try to find other angles to fight the VA. 

i am sure you are tired of hearing about CAPD by now as i have posted a lot the past few days on the topic, but the VA has a research department that studies CAPD and are the ones that linked JP8 as a possible cause of the disorder. VA RR&D National Center for Rehabilitative Auditory Research is located in Oregon. so i reached out to them(multiple emails to multiple people listed there in their directory  ) i said the below:

Quote

Good afternoon,

I am a veteran seeking a va claim for my recent CAPD diagnosis by my independent audiologist. I am hoping that you might can help me locate the correct DBQ for this condition for my claim as well as the VBA's Schedule of Ratings Code for CAPD(or APD)

i didnt expect to get such fast response, but i guess when you blow up everyones email in the same department, squeaky wheel gets the grease  i just got this response:

Quote

Thanks for contacting me.  Presently, there is no policy or procedure for Compensation & Pension (C&P) exams for CAPD. CAPD is not listed under the Veterans Affairs Schedule for Rating Disabilities (VASRD), and there is no practical application to rate percent disability for CAPD under the U.S. Code of Federal Regulations (38 U.S.C. 1114(k)). However, if there are unique disability symptoms or expert evidence of interference to employment, the case may be referred to the VA Compensation and Pension Service director for adjudication of an extra-schedular rating.  Here is a link with a little more information about extra-schedular ratings in case it’s helpful: https://www.law.cornell.edu/cfr/text/38/3.321

 

BUMMER RIGHT?!?!?!?!

so what do i do next guys. what is this "adjudication of an extra-schedular rating"?  i have seen plenty of appeals cases that have CAPD listed(ie https://www.va.gov/vetapp03/Files/0300474.txt , and this was all the way back in 2003) so i know that people are submitting claims for this but i dont understand this extra-schedular? is she saying TDIU? if so thats not me and need another option. 

let me know what you guys think or point me in the direction of a thread that has discussed this topic before.

thanks guys

Edited December 18, 2019 by blahsaysme2u

[vetquest]

I can drive, the blindness comes on pretty quick but I am on medication to help prevent headaches, I have not broached the idea that I am not safe to drive and neither have my doctors.  At the worse case I can just stop and request help.  I am glad of this since I spent a year without my license after my discharge.  The VA said back then that there was nothing wrong with me and denied benefits, so I asked them to help me keep my license and they said no because I was very sick.  A LA catch-22.  Those days were pretty hard on me and my wife.  Then the VA wonders why I dislike them so much.  I receive SMC due to a TDIU rating and another 60% disability.

[GBArmy]

I am glad that you are still well enough to drive. Lack of transportation for disabled and elderly is really a very difficult situation to overcome. If you don't have someone to help you get to where you need to go, especially medical appointments, it can and does have a significant impact on maintaining health. And if you have physical/mobility limitations, even if public transportation is available ,it doesn't work sometimes. Just by asking a neighbor or friend if they could use a ride can really be of great help. I wish everyone would do that. I'm not saying you have to be a dedicated taxi, but reaching out once in a wile won't hurt.

[Buck52]

blahsaysme2u

I would think your going to have to have the CAPD Link to a service connected condition you have now,  its not considered a secondary claim but the CAPD they will have to relate  it with another condition you have been S.C. for so they can use the code for that condition 

 I suggest check out the complete criteria for the TBI, There are tons of different conditions and Illnesses for the TBI  & beings you have been dx for a TBI  thats a good start.

example   a TBI can have Boo Coo Major side effects , some to cause a unexpected stroke, heart attact  loss of memory &  many many more  so they should be able to link/relate the CAPD to your TBI.

So Unless you go see a Specialist for the CAPD and ask him/her to write an impression letter as to what conditions would be related to the CAPD   for it to be connected  to another s,c, condition that you have been S.C. for......>you need that to file a claim for your NOW DIAGNOSED CAPD.

It would be beneficial to you & possibly save your life to learn more about the TBI and its side effects.....you may not have a Rating for the TBI...But at least your service connected for it..that is a good start  because TBI's Have been known to cause other serious conditions to arise later on in your lifetime....My Opinion on the TBI   its like a volcano waiting to erupt   we never know when it decides to create havoc on our health...and when it does  can be a disaster   if it don't take your life.

Also I suggest you don't wait to file any claim that you have that is Military related...filing these claims  you May be denied on some but it will start your EED Clock for when you do get an approved.

There is no limit on the # of claims we can file.

[allansc2005]

@Buck, the difficult part here is that CAPD doesn't show up on any known tests the military or VA gives.

Like tinnitus, it's presumed that the veteran has it after other ear-related diagnoses connects the dots, and the veteran admits hearing sounds.

Providing a connection to active duty will probably be as difficult as connecting sleep apnea.

 

Doable, but hard.

 

Allan 2-2-0 HUAH!

 

[blahsaysme2u]

5 hours ago, Buck52 said:

So Unless you go see a Specialist for the CAPD and ask him/her to write an impression letter as to what conditions would be related to the CAPD   for it to be connected  to another s,c, condition that you have been S.C. for......>you need that to file a claim for your NOW DIAGNOSED CAPD.

thats what i did actually. i went to an outside audiologist because the VA audiology department "says" there is not anyone within a reasonable distance(there is a research department that has done all the links to JP8 and blast injuries/TBI to CAPD) in Oregon, and no one in the community care system they can send me to. so i paid for my own specialist. she reviewed all of the va research done and wrote me IMO as well as gave me a DX saying "at least as likely as not"  was secondary linked to JP8, TBI and the IED blast i was involved and "much more likely than not with the synergistic effects of all three on auditory function". 

i have decided to submit this as a secondary claim to TBI and hope that they give me the effective date of when i submitted the originianal claim for "hearing loss" based on the description of symptoms i gave back then. i think this might be my best shot as getting it service connected and then if they dont give me the effective date, i will appeal for higher level review with the information that Berta gave me. if that fails i will submit a CUE based on the case file she linked me to. 

at least this is a plan. and thats the best i can hope for. before i was just lost and confused on what to do.

5 hours ago, allansc2005 said:

@Buck, the difficult part here is that CAPD doesn't show up on any known tests the military or VA gives.

Like tinnitus, it's presumed that the veteran has it after other ear-related diagnoses connects the dots, and the veteran admits hearing sounds.

Providing a connection to active duty will probably be as difficult as connecting sleep apnea.

with the above statements from my doctor, doesnt it sound like i have all the parts needed? DX, nexus and events?

thanks again guys for all your help

[vetquest]

You will never know until you try.  File the claim and do not be surprised if you are denied at the RO level and have to go to the BVA.  That is where lawyers decide your case and know all of the case law.  It sometimes seems like the RO's are flying by the seat of their pants.  Read your SOC carefully if you are denied, it is there where you will find the reason for your denial and give you a basis to start your argument on appeal.