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]

@allansc2005 sad but true. It is up to the individual to work their claims.

[broncovet]

I may have made an error in my advice.  "Extra schedular" ratings are NOT limited to TDIU.  See the following:

https://www.law.cornell.edu/cfr/text/38/3.321

Notice, it says nothing about tdiu.  

 

[vetquest]

Broncovet, I attempted to get extra scheduler for a headache rating since I lost my job to headaches and they only rate them at 50%.  I was denied outright.  But you are right, you can request extra scheduler ratings for any disability where the rating does not account for the actual disability.

[allansc2005]

@vet, just curious, do you have a Nexus for those headaches linked directly or indirectly to active duty?

 

Allan  2-2-0 HUAH!

[vetquest]

I am SC for headaches due to active duty.  I suffered a heat stroke and suffered crippling headaches after that.  I was not SC until ten years later even though I was on private treatment for five years and then on VA treatment.  I started out at 0 percent and worked my way up to 50%.  I have some pretty serious symptoms though.  I suffer blindness sometimes and my headaches make me unsteady and "slow", I appear drunk.

[GBArmy]

vetquest sorry to hear about that. Does that blindness come on suddenly, or can you tell it's going to wack you in a while? I assume you can't drive or you are homebound, so SMC's could apply to your situation?