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Please help me interpret this

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allansc2005

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Morning folks, long time no post.

I just got a call from my C&P examiner, and she had a few questions which I answered.

After answering her questions, she did tell me the way she did my DBQ, I should be rated at 100% for Meniere's Syndrome.

So, right now I'm 100% P&T BEFORE this latest DBQ is sent to the VA. I'm also SMC-L1. I also have A&A.

 

So given this information, what will a 100% for the Meniere's Syndrome do? Will it possibly bump me up to SMC-O?

 

Thanks.

2-2-0 HOOAH!

 

 

 

 

 

 

 

 

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You know your situation much, much better than I do as far as rating conditions, etc.  So, using your knowledge you can apply your situation to the following to see what you come up with, as I just dont have any idea if your ratings involve seperate and distinct anatomical segments or not:  

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(4) Additional independent 100 percent ratings. In addition to the statutory rates payable under 38 U.S.C. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114 (l) through (n) or the intermediate rate provisions outlined above.

(i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114 (l) and (o) is caused by the same etiological disease or injury, that disease or injury may not serve as the basis for the independent 50 percent or 100 percent unless it is so rated without regard to the loss or loss of use.

(ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized.

 

 

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  • HadIt.com Elder

100% Mineers syndrome should get you to R2 I would think.  That indicates as severe as you can get.  Can you actually get out of bed without falling down?  You either need to have someone with you all the time to help steady you or, if you do not have someone, then you have to be in full care nursing home.

My wife had Mineers syndrome but was cured by a neurologist.  She suffered with it for about 3 years before finding the neurologist through a Doctor friend who could cure it in Japan.  That was over about 15 years before her death and she died with a drivers license.  If she had not taken a fall and fractured her skull she would probably have lived sever more years.  If you are more interested in a cure than the SMC, ask you physician to find out how they cure it in Japan.  May not work for everyone, but might work for you.

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  • HadIt.com Elder

Using Bronco's post, you have such loss of use of both legs as to prevent you from walking without human support.  You would even have problems using a wheelchair though if someone pushes you around you might be able to sit in one but probably need to be moved on a stretcher most of the time.  Only your experience tells you how much of the time that is and how immobile you are.

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Posted (edited)

After looking up 38 CFR 4.87 schedule for 100% you may not be as severe as my wife was before her cure.  Use this link to check for yourself:

eCFR :: 38 CFR 4.87 -- Schedule of ratings—ear.

All that is required is sufficient to make you unemployable.

Edited by Lemuel
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