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

[paulstrgn]

Buck as you know getting from 90% to 100% seems to be the hardest thing to do, it can be done but it takes a lot of extra disabilities to get there as you know. I know I never thought I would make it to 100%.

[blahsaysme2u]

2 hours ago, Buck52 said:

as far as making it to 100%, when i do the calcs, 50% does not get me there(if SA is awarded with my CUE). i am currently right at 86%. 50 would only get me to 93. by my calcs i would still need some additional ratings. i would need 3 more 10%  ratings to get to 100%.

well ok then.

I had thought you were rated at 90%??

90% after the round....86 before rounding. So 50 only gets me to 93(86+[14*.5])

[Buck52]

Roger that Paul

 

[Buck52]

blahsaysme2u

I was thinking you were already at 90% from your profile  it says 90% service connected?

I did not think you had the Sleep Apnea Claim approved?

If you are at 90% now then the S.A. at 50% should kick you up to the 100%

Sometimes if you get rated for OSA (Sleep Apnea) depends on how severe it is?   you could get a 100% rating.    50% is for the C-Pap 

I remember Member Gastone filing for Sleep Apnea  and he was prescribe a C-pap MEDICALLY NECESSARY TO USE FOR THE VETERANS HEALTH   HE DID GET THE 100%...WHICH GOT HI THE  SMC S 

Which he had thought a 50% rating...so some times we never know what those raters will do for us.

  it's hard to get the 100% when your rated at the 90%   most veterans its hard to get that extra 50% but as paul mention the small % do add up.

[Buck52]

blahsaysme2u

You have Ms Berta giving you some great free advise...she is one of the best we have here on hadit  if not the best.

so when she gets on hadit and answers your post  please watch out for them she is very busy lady and usually only gets on Hadit in the early AM.

IT HELPS TO STAY IN ONE POST TO ANSWER ALL YOUR QUESTIONS...MOVING AROUND OR MAKING NEW POST MAY COMPLICATE THINGS, SO ITS BEST TO STAY IN ONE POST  TO GET MOST OF  OR ALL OF YOUR QUESTIONS ANSWERED.

[Vync]

43 minutes ago, paulstrgn said:

Buck as you know getting from 90% to 100% seems to be the hardest thing to do, it can be done but it takes a lot of extra disabilities to get there as you know. I know I never thought I would make it to 100%.

You are right about this. It is a steep climb to go the schedular route, but can be done. After being stuck at 40%, I found hadit and learned. It took about five years to get to 100% schedular via increases, new claims, and secondary claims. I fought the denials and kept my appeals alive.

I am 100% schedular and still working full time. It required reasonable accommodations by my employer in order to setup a sort of sheltered work environment. Even with that, every day is still a challenge and I am frequently out of the office at doctors appointments.