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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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adjudication of an extra-schedular rating


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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

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I am in the same boat as you @Vync  It also sucks to know it will not get better, but only get worse as the years go on.  I am now trying to set myself up to do what i can when i can and not over

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 inc

It is the same for me, if I did not get a reasonable accommodation from my employer I would be out of work. I am lucky since I work for the government and they are mandated to give reasonable accommod

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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.

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I am in the same boat as you @Vync 

It also sucks to know it will not get better, but only get worse as the years go on.  I am now trying to set myself up to do what i can when i can and not over do it!  I will say that is very hard for me as I have never had to ask someone for help.  I was always able to Ogre my way through things.  I hope one day they find a way to fix a few of these issues.  

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2 hours ago, Buck52 said:

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.

that makes sense. BERTA IS THE BEST!!!!! she has really helped me out. sorry for posting multiple places. was just trying to stay in the correct thread for the question i had regardless of which claim i am talking about. but i will try and do better to keep questions related to the same claim all in the same thread. thanks so much

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4 hours ago, Vync said:

It required reasonable accommodations by my employer

It is the same for me, if I did not get a reasonable accommodation from my employer I would be out of work. I am lucky since I work for the government and they are mandated to give reasonable accommodation accept for in a few exceptions.

3 hours ago, shrekthetank1 said:

It also sucks to know it will not get better, but only get worse as the years go on.  I am now trying to set myself up to do what i can when i can and not over do it!  I will say that is very hard for me as I have never had to ask someone for help.  I was always able to Ogre my way through things.  I hope one day they find a way to fix a few of these issues.  

I would gladly give up all my VA benefits to have my disabilities go away, I am tired of hurting as many here are. All I see in my future is pain and losing the ability to do more and more things. As bad as things seem for me I know there are many more on this site much more worse off than I am. 

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2 hours ago, paulstrgn said:

It is the same for me, if I did not get a reasonable accommodation from my employer I would be out of work. I am lucky since I work for the government and they are mandated to give reasonable accommodation accept for in a few exceptions.

I would gladly give up all my VA benefits to have my disabilities go away, I am tired of hurting as many here are. All I see in my future is pain and losing the ability to do more and more things. As bad as things seem for me I know there are many more on this site much more worse off than I am. 

I tried to quote your second paragraph...I feel the same way.

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