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

[broncovet]

You dont "have" to file for TDIu.  But, if you want an extra schedular rating for tdiu, then you have to file for it.  

If you have sleep apnea, then you could well get an extra 50 percent and that would likely mean you have 100 percent and you can keep working.  (Tho, I think you will find significant resistance to granting you 100 percent while working.  Its possible, just not likely)  

I have asked you what your symptoms of CAPD are..you dont seem to want to say, and that is okay.  It does not matter that much to me.  But VA wont give you benefits unless your symptoms are documented.  Non symptoms=no compensation.

 

[Dustoff1970]

Yes Broncovet you are completely correct about the extra scheduler and TDIU rating method VA raters ignore or dismiss.  As you know I too was banned from the other site for speaking up about many things and disagreeing with them on several important issues based upon my 35 years of myself filing claims and appeals.

I am still slow minded and it took me to long to realize the VB* website is nothing more than a VA Adjudicator's mouth piece and constantly gives out misleading negative opinions on many claims issues that discourages vets from filing claims and appeals such as for example CUE claims.

Having said that I have heard from several knowledgeable sources that extra scheduler IU ratings are very difficult to rare to obtain for vets with the less than 4.16(a) required minimums to obtain TDIU. However with nothing to lose I also asked for extra scheduler in my first two or three disability claims.

When my PTSD rating was finally reinstated to me in 1998 (effective date) it was at the 70% level and I was granted IU at same time of my new higher PTSD 70% level.  May be others can learn from our experiences posted here.

[vetquest]

As I understand extra scheduler ratings are difficult to obtain.  I requested an extra scheduler rating for my migraines when I lost my job due to the migraines.  Migraines can only go up to a 50% rating.  I requested an extra scheduler rating due to the fact that I lost my job due to my migraines.  This was denied even though the BVA recognized that my migraines caused me to not be able to work.  The extra scheduler rating was denied in that I had not proved that my migraines caused a severe impediment to work.  It sounds like an oxymoron and it is but that was the decision.

Edited December 19, 2019 by vetquest
grammer

[blahsaysme2u]

sorry i was away from the computer for while. i have a whole other post on CAPD and symptoms. 

this might help explain better. its really a neurological issue vs an ear issue. why i said hearing loss claim would not really be the anagulous claim but most likely TBI would. 

just so i am understanding correctly extra scheduler rating=TDUI? they are the same thing? 

[Buck52]

blahsaysme2u

You have recieved some valuable information from broncovet and Richard1954.

rather or not you want the IU via extra scheduler  or the 100% Scheduler Rating both pay the same  and some Veterans do work that recieve IU..

.Most of our ratings after service connection is established   is the severity of our conditions and symptoms, for compensation purposes it don't stop at the 100% level or the TDIU P&T LEVEL the next phase of compensation is the Special monthly compensation (SMC's) depending on a Veterans condition and how it worsen over time  the more severe. your conditions  then up the SMC Latter. 

* SEE asknod.org   for an  example of just how the SMC's are given  from a ( Mr Potato Head Example) a break down of the severity of our S.C. Conditions and Loss of Use Criteria

you may need to check with Asknod.org  for your condition of CAPD And the criteria for rating purposes  

I am not sure there is any information here on hadt about your CAPD Unless Elder member Ms Berta Has seen this and knows of some BVA Cases that the Veteran won.( be interesting read)

If Dr has mention to you that the IED Blast and the JP-8 Fuel is likely as not caused or related to your CAPD, and you have been diagnosed for the TBI ...you may want to look at the TBI Rating Criteria for different conditions ect,,,ect,,,   the TBI has many many conditions that a Veteran can get or come down with  and IF I was you having been diagnose for a TBI  I Would look up the TBI Symptoms and Rating Criteria   its very very different than most Veterans conditions that don't have or been diagnose for the TBI (TBI IS SERIOUS MY FRIEND) Having been diagnosed with a TBI it basically opens the door for you  for the many different conditions the TBI can cause or related to  even if you do not have the conditions at present...so the VA try there best to make sure the Veteran is covered even for for future conditions that may arise later on in your lifetime...you will need to be tested several times. they will put you through the mill trying to find anything the TBI Can cause you.

CAPD maybe a part of these conditions from the TBI but you can have more serious conditions that may arise later in your life caused by the TBI, Not saying the CAPD is not serious and it could lead to more serious conditions  this is what a SPECIALIST would need to give his pro opinion  on.

blahsaysme2u

if you don't mind telling us here on Hadit

What all are you service connected for? and what all are you rated for? 

what is your total rating? or total combined rating?at present.

do you have any conditions service connected but at 0% ?

[blahsaysme2u]

hearing loss sensorineural-Not Service Connected(NOW FILING CLAIM FOR CAPD INSTEAD)        
gastroesophageal reflux disease (GERD)-10%
left ankle-20%
obstructive sleep apnea-Not Service Connected(FILED CUE)    
left knee condition-Not Service Connected(FOUND MISSING MEDICAL RECORDS AND REOPEING)        
cervical spine strain (claimed as cervical)-Not Service Connected        
right foot fracture-20%
thoracolumbar spine strain (claimed as thoracic/lumbar back)-20%
allergic rhinitis-Not Service Connected(FOUND MISSING MEDICAL RECORDS AND REOPEING)    
right ankle fracture-10%        
PTSD with traumatic brain injury- Combat-50%/0%TBI
patellofemoral pain syndrome-10%
left foot fracture-Not Service Connected(FOUND MISSING MEDICAL RECORDS AND REOPEING)    
tinnitus-10

TOTAL=90%(86 ROUNDED)