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30 percenter went to 50 now 90percenter but question

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30percentermovingup

Question

Okay thanks to some part of this forum I am 90 percent. I have not gotten back my paperwork but want to ask a question anyways.

I recieved disability for everything I asked for, bilateral ankles, bilat knees, bilat hips. Yes everything was approved but most were 0 percent disability.

I had pain in all of it, shouldn't pain be a disability. I didn't ask for those, I was going for pain for the most part. Should they have given me pain since I was in moderate pain and some severe pain with these body parts. 

My knowledge is a retired trauma nurse but for some reason I can not wrap my head around how the VA disability math works or the whole system for that matter.

Can I fight this for my last 10 percent and have it back dated?

Thank you so much forum for all your help.

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Well, yes "you can fight for another 10 percent" and "have it backdated".  Fighting that fight, however, does not guarantee a win.  To do that, you have to appeal any/all low ball ratings, and consider new conditions, to include tdiu.  (assuming you are not working).  

As explained it goes like this:

If you have 90percent (single 90) and another 40 percent, you stay at 90.  You can use the rating calculator.  

In a nutshell, the VA math means that you have 90 percent, so you cant get any more from that, so your 40 percent is of the 10 percent you have left.  You know, if you are 90 percent disabled, then you are 10 percent "abled".  So, you get 40 percent of that 10 percent which is (.4 times .1 equals 4%.  4 percent plus 90 equals 94 percent which rounds down to 90 percent.  

 

Thats why you need an additional 50 percent to go from 90 to 100 percent.  

Now, the easiest way, if you are not working is to apply for tdiu, which can get you to 100 percent easier, again, assuming you are unemployable. 

Once you get your decision, along with reasons and bases, you can post it and we can help try to see if/which you should appeal.  You can also appeal the effective date if you think that is wrong. 

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You posted: 

Quote

No, I am severely disabled and that last 1600 a month or so would help me out greatly.

I noticed, in your disability list, there isnt anything on mental health issues. 

Its hard for me to imagine serving your country and getting the injuries you got, "without" PSTD, or other mental health trauma.  So, apply for that, too.  You may not have a diagnosis, yet, but, if you think you had a "stressor" in the military, then apply.  

"Some kind of trauma" must have happened for you to get all these ratings.  You see, if you served in a combat zone, that could be enough.  Does anyone here think that being worried about getting shot and killed, in a war, every night, would not be trauma?  Fortunately, I dont have to worry about being shot, because our military is protecting us 24 hours a day, seven days a week.   Of course, dont make anything up, but if you are suffering from mental symptoms, apply for that, too.  You will need to seek treatment, for those issues, also.  

 

 

When in doubt, file for increase, file for new benefits and file the NOD.  You have multiple disabilities, and its complex for that reason.  In the nod, I suggest you "dispute" both the effective dates, AND the disability percentages.  

It sounds like you are severly disabled, according to your post, and can not work, and you should get to 100 percent and probably smc also.

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I didn't even claim disability till 25 years after the fact as I felt if I didn't need it I should not get it. So the first part I got 20 percent in 2014. Then for some unknown reason they said I won with an increase to 50 percent for bilat. in 2017 I don't know what I won I never applied for it. Now the injuries do keep me from working because I am older and breaking down more so I do think I deserve it. They should give it to me for saving them all that money for 25 years lol. I didn't even take my first free meal till like 2016. I have one veteran shirt that says some lost all i lost some blah blah that I had made. Nothing else. I don't like it when I see these guys in all the garb and stuff, I know most of them do it to get free things all the time. I just can't do that.

Edited by 30percentermovingup
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33 minutes ago, asdf said:

You received the rating for pain for both right and left hip with the 10% for osteoarthritis.  The 0% are all for ROM.  The VA doesn't grant a pain rating for every motion of the hip just the overall.

Thank you so much for clarifying. How do I know how to fight it to get to a 100 percent though. Is there someplace that can help me figure this thing out online? Thanks. I mean surely 10 percent is not for moderate or severe pain.

Edited by 30percentermovingup
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You're going to need an increase of 50% or more in order to get to 100%. The math is subtractive. 90% to 100% would require an increase in a lot of things you have, or another condition rated at least 50%. You may not even truly be at "90%". You might be at 84.6%. Based off what you posted, the calculations only come out to 52.7608%. I'm assuming you're rated for something(s) other than what you screenshot.

Attached is an old VA compensation calculator I think I found here many years ago, in Xcel.

Sempter Fi,

Sgt. Wilky

Well, nevermind, it won't let me. Send me a private message and I'll forward you the Xcel based calculator if you want.

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