Veterans Affairs ( VA ) Math This isn't your mother's arithmetic

Discussion in 'Disability' started by rainvet, Jun 26, 2006.

  1. rainvet

    rainvet New Member

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    I have three injuries rated at 10, 30 and 50 percent. Why aren’t I paid a for 90% disability?

    Veterans Affairs ( VA ) Math This isn't your mother's arithmetic

    In VA math, your total disability is calculated as follows:

    10% of 100% = 10% (100% - 10% = 90%)

    30% of 90% = 27%; (90% - 27% = 63%)

    50% of 63% = 31.5%; now, add together 10% + 27% + 31.5% = 68.5%, rounded UP to 70%.
  2. TobiB

    TobiB New Member

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    Hi,

    I'm new to this message board.

    My question is, how does the VA figure the degree of your injuries to get the percentage rating? Does your doctor state the precentage?

    This is new territory for me, as the VA has my claim for my 100% service connected disability, and this will be the fourth time they have requried more information.

    Since I have several service connected injuries, they want to include my unemployability (IU). The VA knows I have not worked since 1987. I have been on SSDI since 1989. What I was diagnoised with in the service I still have, and over time has worsen.

    So, I am required to go back to my doctors again to have them write what? As my doctors do not know the proper words they need to use.

    I appreciate your time.

    God Bless,
    TobiB
  3. TinCanMan

    TinCanMan Active Member

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    The decision on what rating to assign is made by a Rating Veterans Service Representative (RVSR) working at the VA Regional Office (VARO) after a Compensation & Pension (C&P) exam or examination of your medical records and comparing them to the descriptions of the condition in 38CFR PART 4--Schedule for Rating Disabilities (VASRD)

    Your doctor and the C&P examiner's only role is to provide a diagnosis of a compensable condition and measurment of your conditions severity. They play no role in deciding the level of compensation.

    Welcome to Veterans Resources
  4. TobiB

    TobiB New Member

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    TinCanMan, I appreciate your quick response.

    At this time, I do not have a percentage rating.The VA has mailed me an IU letter. I thought the VA had to give me my percentage rating first, then send me an IU letter. Am I wrong, or it doesn't matter which comes first?

    This is my first IU letter. Does it come with a form to fill out and send back to the VA?

    Would my total disability letter from work, along with, my award letter the first year my Social Security began, a Social Security diagnois letter, as well as my award letters from 2005 and 2006 would be okay to send back to the VA to show them that how long I have been disabled due to my serivce connected disabilities? Or does it require a doctor's attention?

    These letters I have mentioned that I have, have already been sent in to the VA twice!

    Thank you for the welcome.

    Thank you again for your time and valuable information,
    TobiB
  5. TinCanMan

    TinCanMan Active Member

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    OK, I'm confused now. In your first post you say you have several service connected disabilities. Now you say you don't have a rating but the VA has sent you an IU letter.

    If you have service connected disabilities you do have one or more ratings. Could it be that you believe you have several service connected disabilities and have asked the VA to connect them? Are you receiving a monthly compensation check? Can you write what the IU letter says?

    Tell the VA you are on SSDI and they will get the records from SSA. How long you have been off work is probably irrelevant
  6. TobiB

    TobiB New Member

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    I apologize for the confusion.

    I do have several service connected disabilities, and I've asked the VA to connect them. I am going through the process of obtaining a rating, and I am at the end of this process.

    The letter came today requesting treatment records which most are at the VA clinic. They want dates, treatment, findings, and diagnoses. Includes: reports, or statements from doctors, hospitals, lab, medical facilities, mental health clinics, x-rays, physical therapy records, etc. In which this information has been sent four times! Then, I am to provide medical evidence of permanence of total disability. Which means, "Permanence of total disability is taken to exist when such impariment is reasonably certain to continue throughout the life of the disabled person." I was diagnoised with these things in the service 28 years ago, and still have these things worse than it ever was today.

    The letter further states, I may be entitled to compensation at the 100 percent rate if you are unable to secur and follow a substantially gainful occupation because of your service-connected disabilities. If you believe you qualify, complete, sign, and return the enclosed VA Form 21-8940, Veterans Application for Increased Compensation Based on Unemployability. After this mailing I hope everything goes forward to the Review Board for my rating.

    I have my everything from SSDI signed and dated, for the VA. I need one downtown doctor and one hospital documentations, and the VA should be able to get all the information they need from the VA clinic. I guess, I have to inform them? I'm done.

    There is also a form 21-4138 for Statement in Support of Claim. Do you remember filling this form out? What do you tell them? How about: I have these disabilities 27 years ago, which has cause me not to be able to work, and over the years my disabilities have worsen which keep me from working today?

    I appreciate your time and valuable information.
    TobiB
  7. TinCanMan

    TinCanMan Active Member

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    Unless you have received a decision letter from the VA stating they have rated you as service connected all you have is a claim for compensation.

    Not quite sure what that's about. Whenever you submit new info they will usually follow up with a request giving you 60 days to submit any additional info should you have it. If that's the case, just tell them you have no more.

    It sounds as though you are already service connected for some condition and have asked for an increase vice an initial rating. Have you ever submitted a claim for compensation before? Do you have a decision letter?

    If you were diagnosed with some condition in service 30 years ago, have that condition today but have never asked for treatment during most of those 30 years, you are going to have problems with a nexus or connection between your condition then and your condition now. As an example: suppose your SMR's indicate a severe case of intestinal flu during basic training and you now have intestinal flu but have never had treatment in the interim. That's going to be a problem proving the flu you had back then is the same flu you have now.

    That tends to imply you would be in range of IU. If you are, fill it out. You will need a physician to corroborate your claim, though.
    Don't assume the VARO knows about any treatment or supporting evidence no matter where it is at. Tell them.

    It's not absolutely necessary but you can use it to provide evidence of how your condition limits your activity, how it affects your relationship with your spouse and children. Or provide lay testimony from friends and co-workers to how your condition affects you.
  8. TobiB

    TobiB New Member

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    Good Morning,

    This is my first claim.

    I have not yet received a decision letter for my service connected disability for compensation.

    Lets say I had the "flu" while in the service, and I was treated for the "flu" while in service. Since my discharge, I have continued treatment even AFTER service for the "flu." Then, let's say, I was diagnosed with the "stomach flu," without treatment in the service, but AFTER service, I have had treatment for many years and still continue that treatment today, as I continue to be under a doctor's care for the "stomach flu." So on and so forth. That's where I am.

    Rest as sured, those diagnosises I had in the service, I have had treatment for all those diagnoises within the past 30 years. Today, some are more sever then others.

    I already have the hospital and local doctor's records ready to go, and I will let them know my local VA clinic has the rest of the information they seek.

    My fiance of ten years, sent in to the VA, two (2) notarized Affidavit concerning how my disability affects me. Do you feel these are worth resubmitting? There are two Affidavit's because he forgot to include some important information. I ask, because, my doctors have retired and I began seeing the people at the VA clinic just last September, as a recommendation from my retiring doctors. I'm shaking my head, why didn't I think of this sooner??

    I very much appreciate your information and your time you spend to answer my questions.

    Thank you,
    TobiB
  9. TinCanMan

    TinCanMan Active Member

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    Tobi:

    Continuing the "flu" anology... Assuming your flu eventually becomes service connected. The stomach flu would not be considered a ratable condition because stomach flu is entirely different than flu and is not really a flu at all, unless the stomach flu were either caused by your flu or was made worse by your flu. In stat case it would be considered "secondary" to your flu.

    In order to get the stomach flu rated you would need a doctor to say your stomach fly was "more likely than not" or "at least as likely as not" the result of your flu. Those words in quotes are important because courts have said they are. They don't have to be exactly the same but have to be easily interpreted as the same.

    Your fiancé's statements can be helpful when describing how your condition diminishes your quality of life and your relationship but are useless if trying to substitute or augment medical opinion.

    FYI: When you go for a C&P exam your commute may be eligible for travel pay @ $.11/m. Go to the travel office and ask. When you become service connected, you will not have co-pays for pharmacy or specialists. You should be eligible to have any co-pays you have paid returned to you. Go to the Patient Advocate at the VAMC and ask.
  10. TobiB

    TobiB New Member

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    TinCanMan said: "In order to get the stomach flu rated you would need a doctor to say your stomach fly was "more likely than not" or "at least as likely as not" the result of your flu. Those words in quotes are important because courts have said they are..."

    I understand what you said. Not a problem, I have some of what you said, but not all of what you said, as I guess, we all do.

    When I go to the VA Clinic where I live, the people I see lack the MD rating. I guess they are considered Nurse Practitioner's. They use a doctor for medications. Are the word of the Nurse Practitioner just as valuable to aruge a medical conditon? If so, I will use my boyfriends and theirs together for my medical condition.

    I did not know, and I do appreciate knowing I can be compensated for mileage to and from the VA Clinic whenever I have a VA appointment for my service-connected disability too.

    Thank you very much for your help,
    TobiB
  11. TinCanMan

    TinCanMan Active Member

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    Tobi:

    The VA uses Nurse Practitioner's in a lot of situations. I find they are very highly trained and I get excellent treatment. They often have more time than an MD. They are used to conduct C&P exams as well and their opinion is as well regarded as that of an MD. Now don't get me wrong, their word will not stand against that of a specialist that has access to the veterans SMR's and knows how to conduct a VA style exam and write a report with rationale in the style the VARO wants to see.

    Please understand that C&P exams are not treatment and that the examiner is looking for info the treating physician would find useless and the examiner would find labs and diagnostics valuable in treatment, useless. Specialized labs and diagnostics are only important to a C&P examiner if you are asking them to provide the diagnosis.

    I didn't mention mileage wrt treatment for SC conditions because you weren't rated yet but when you are and you seek treatment for your SC conditions or any condition if you are rated 50% or greater, you are entitled to the same $.11/mi however, for the first 3 treatments/mo they deduct $6/trip or $12/round trip.

    In the mean time you might find this document informative. It's called Who Pays for what at the VAMC
  12. TobiB

    TobiB New Member

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    I have sent back the IU information the VA requested on Monday. I'll let you you know what happens.

    Thank for your time, and valuable information. They have really help me.

    In the mean time, take care,
    TobiB
  13. STS1BubbleHead

    STS1BubbleHead New Member

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    VA Disability Calculator

    After watching my VSO labor through this huge book to determine my rating total, I devised a downloadable Excel Spreadsheet that does the VA Math for you. Hope this helps.

    If you can't decide what to do when you grow up, join the Navy and take 20 years figuring it out.:D

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