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Rated 100% p&t but have deferred c&p


IA11B
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Question

I just received my letter from the VA and was rated as 100% p&t. My claim was split into 2 and I have a follow up c&p next week for the one thing deferred. Could my rating change following this c&p? It's actually for something I didn't claim. The c&p I'm going to is for left lower extremity sciatica. A bonus question if anyone can help me with VA math. I am worried that I'm actually not 100% but 90% and don't want to be over paid.  

My ratings:

\-20% back

\-20% right shoulder

\-70% ptsd

\-10% tinnitus

\-30% bilateral pes planus 

\-30% post traumatic headaches

\-10% right arm scar/fragments

\-10% left hand

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1A11B I used a commercial calculator and came out wit 93+%; but that didn't include your bilateral foot problem. Try https://www.va.gov/disability/about-disability-ratings/ or, you could also try one of the big lawyer groups ex. CC&K and ask them to compute, but be sure they can include the bilateral. You are very close when including the bilateral. What was the claim for for the deferred item you have the upcoming C&P for? Is it an existing disability you are already rated for, or new one?

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The bilateral is 10% more correct?  If this is so I did a few and still looks like 94%.  Are your working?  

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As Shrek pointed out, the bilateral factor is 10% of the disability. 38CFR 4.26 would result in your ratings, using the VA combination table would be:

70,33, 30,20,20,10,10,10 I believe: Do the math.

 

 

 

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7 hours ago, IA11B said:

My ratings:

\-20% back

\-20% right shoulder

\-70% ptsd

\-10% tinnitus

\-30% bilateral pes planus 

\-30% post traumatic headaches

\-10% right arm scar/fragments

\-10% left hand

I never had to figure out the bilateral factor but I think it might be something like this, if I am off someone please correct my VA math.

First the bilateral factors 30% + 10% = 37% rounds up to 40% because it is greater than 35%.  These percentages must be counted as one disability.

Now for the combined rating 70% + 40% = 82%

                                                82% + 30% = 87%

                                                87% + 20% = 90%

                                                90% + 20% = 92%

                                                92% + 10% = 93%

                                                93% + 10% = 94%

                                                94% + 10% = 95 % = 100%

The magic number or chimera is the 95% which VA would then round up to 100% scheduler.  From what I have seen even though the veteran disability may change, VA likely would grant P & T due to the fact that the 100% factor is very hard to lose.  Your disabilities have beat their chart and maxed out. In other words, according to the natural world you are considered 200% without VA's stupid math and without your deferred rating.  

 Forgot outside of SMC payments, VA only pays one 100% rating.  If I am wrong off or just crazy your rating decision should explain the breakdown.

 

 

Edited by pete992
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Yes I am still working. GBArmy the deferred appoinment is for a new condition. During my c&p for my back I assume the doctor noted this. The exam was from qtc and I received a letter a few weeks after the exam saying the deferred condition was asked to be reviewed it was a record only review. So this will actually be the 3rd c&p for this in 2 months. 

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The VA does not give up an inch, so for them to rate you at 100% means there must be something more.  I am not sure what is missing but another 10% does get you over the line.  

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So to answer your original question, yes, if the C&P is just for the back, it could change. A 10% new rating, combined with your others could move the needle 1%. 

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58 minutes ago, IA11B said:

Ok, I planned on going to the deferred c&p. I was just worried about losing 100% p&t for a claim that I didn't file.

Never miss a C & P exam, if you are sick in bed, call the VAMC prior to your C & P exam and inform them.  Send them an Iris letting them know you can't make it and why.

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