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Guest HolliGreen

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Guest HolliGreen

Guest HolliGreen

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Hi, I am a novice regarding the VA and it's workings and if anyone can help me, I would be very thankful. I received the decision about my case (I have multiple sclerosis/service connected) and part of the decision states "evaluation of adjustment disorder with mixed emotional features due to multiple sclerosis, which is currently 10 percent disabling, is increased to 30 percent disabling effective May 30, 2006." What does this mean exactly? It is obvious the VA increased the percentage but how is this reflected in reality? My VSO told me there is no monetary increase for my case. Am I missing something here? (I probably am) Can someone shed some light? Many thanks. H.G

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Guest HolliGreen

Guest HolliGreen

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Did you make formal claim for higher MS rating?

Objee is correct as to 100 pluc 60 SMC-and I agree that this is a good rating to have-although it provides no additional benefits at this time-

question all - since the adjustment disorder is due to the MS-(secondary) as I understand the VA statement-

does this clearly become an independent disabilty for potential SMC purposes?

This case contains MS ratings and diagnostic codes- there is always possibility that MS is rated under the wrong code- if your medical evidence warrants a higher rating on the MS you should file a NOD on this.

http://www.va.gov/vetapp06/files4/0629419.txt

Hello Berta, it is nice to hear from you. I hope you are well. Yes indeed, eight months ago, I met with my VSO and a formal claim for the higher MS rating was submitted. So, now officially the results are in...rated at 100% P & T from 90% I.U. My VSO made the point a few times there would be no increase in pay. Oh yes, those cataracts are on the record now...at 0%. I noticed in reading the documents that because of lack of muscle atrophy, a higher percentage is not warranted. Are genetics taken into consideration? Apparently not. My father was an Olympic class athlete (pole vaulting) all through college and the Marine Corps in his day and I inherited his body type. Things could always be worse. Thanks for all of your help Berta. H.G

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Guest HolliGreen

Guest HolliGreen

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What is your total service connected rating and do you receive a non service connected pension.

Hi Hoppy, my rating is now 100% P & T and this is all service connected. H.G

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Guest HolliGreen

Guest HolliGreen

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Holligreen,

We would have to know how much you were rated before you got your increase, before we can give you an accurate answer.

Hi RickB54, I was 90% IU and now I am 100% P & T. H.G

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Guest rickb54

Guest rickb54

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Hi RickB54, I was 90% IU and now I am 100% P & T. H.G

Based on this response, I have to say others have done a good job of answering you question, there isn't much I can add.

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Pete53 Grand Master

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Holli:

We are glad that you are here with us. Even when you are 100% you can still have problems with the VA.

Pete

Veterans deserve real choice for their health care.

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  • Our picks

    • Are all military medical records on file at the VA?

      RichardZ posted a topic in How to's on filing a Claim,

      I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful.  We decided I should submit a few new claims which we did.  He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims.  He said that the VA now has entire military medical record on file and would find the record(s) in their own file.  It seemed odd to me as my service dates back to  1981 and spans 34 years through my retirement in 2015.  It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me.  He didn't want my copies.  Anyone have any information on this.  Much thanks in advance.  
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      Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL

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    • Post in Chevron Deference overruled by Supreme Court

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      VA has gotten away with (mis) interpreting their  ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.  

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      Proof:  

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          Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly.  The VA is broken. 

          A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals.  I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision.  All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did. 

          I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt".   Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day?  Va likes to blame the Veterans, not their system.   
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    • Post in Re-embursement for non VA Medical care.

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      Welcome to hadit!  

          There are certain rules about community care reimbursement, and I have no idea if you met them or not.  Try reading this:

      https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/

         However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.  

         When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait!  Is this money from disability compensation, or did you earn it working at a regular job?"  Not once.  Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.  

          However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.  

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      Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.  

          Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:

      https://www.law.cornell.edu/cfr/text/38/3.344

       
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