My recent VA re-eval

[Darksaga]

First and foremost I am not a service officer. I am offering advice on personal experience and would recommend independent verification of any and all recommendations.

Another bit of info on VA ratings...

First, I interned with the VA in San Diego from 2000-2002. That being said my info may be out of date so please verify through the VA or DAV or some other veteran service organization.

How the VA determines a rating % is not linear which means you can have 5 issues rated at 10% and not be rated at 50%. I once worked with a gentleman who was rated 60% for Post Traumatic Stress Disorder and 60% for Agent Orange Exposure and some other small percentages for other conditions. His total percentage, if added up, would have been over 150%. So obviously is thos instances a % rating can't be linear. The VA has there own method of determing a % that often involves the question of "How do these conditions interact with each other".

As I remember to be rated at 50% a person would need have at least one condition rated at 20% when combined with the other rated conditions.

A rating of 0% is still a rating. With a rating of 0% the government is acknowledging that an injury or condition of some type happened while the person was in service. Numerous 0% ratings can equal a 10% disability rating. Also most states have a program where a veteran with at least a 0% rating can have his/her children go to a state school for free.

The program that I could not remember the name in an earlier post is called "Individual Unemployability".

[Steadfast]

Another bit of info on VA ratings...

First, I interned with the VA in San Diego from 2000-2002. That being said my info may be out of date so please verify through the VA or DAV or some other veteran service organization.

How the VA determines a rating % is not linear which means you can have 5 issues rated at 10% and not be rated at 50%. I once worked with a gentleman who was rated 60% for Post Traumatic Stress Disorder and 60% for Agent Orange Exposure and some other small percentages for other conditions. His total percentage, if added up, would have been over 150%. So obviously is thos instances a % rating can't be linear. The VA has there own method of determing a % that often involves the question of "How do these conditions interact with each other".

As I remember to be rated at 50% a person would need have at least one condition rated at 20% when combined with the other rated conditions.

A rating of 0% is still a rating. With a rating of 0% the government is acknowledging that an injury or condition of some type happened while the person was in service. Numerous 0% ratings can equal a 10% disability rating. Also most states have a program where a veteran with at least a 0% rating can have his/her children go to a state school for free.

The program that I could not remember the name in an earlier post is called "Individual Unemployability".

A veteran must have at least 70% score for his/her disability(s) in order to qualify for unemployability. What that does is depending on numerous factors. Mainly unemployability could lift your % 30 points to 100%. This rating however is generally only temporary. A veterans must keep filing as his wounds/injuries worsen over time. Then the veteran can get a military card entitling him to MRW (Morale, Recreation, Welfare). If the veteran as in your case B275 gets the benefits of a soldier doing his time to retirement and your benefits are greatly increased. A soldier who did not reach the retirement amount of service gets basic MWR. this rating under unemployability is generally reviewed by the V.A. with bi-yearly examinations and his/her miltary card expires in two years. Some veterans reaching 100% are labeled "permanent", when this occurs the V.A. does not call you back for re-examination (but can if they want too). And your military card does not have an expiration date.


.Hope I didn't confuse you too much men. Talking is easier than writing this shit down.

[Kilted Heathen]

If I may...

Do not let the VA lower your rating. Fight tooth and nail. I can be very difficult to getting a rating raised once it is lowered. Be sure to follow up regularly with the VA or your physician regardign your condition. The DAV is a good start. They know the rules by which the VA plays.

Here at some notable benefits...

At a rating of 20% you will be eligible for Vocational Rehabilitation. You can be eligible at 10% but the VA would have to determine a severe disability and that rarely happens at the 10% level. Voc. Rehab. is where the VA pays for the re-training.

At 30% you would get Veterans Preference for most state and federal jobs. Which means that you would recieve a 10 point bonus (out of a hundred possible) when determining who they will higher after testing and interviews.

Your rating is one of the key factors by which you are determined to be seen by a VA physician. Therefore the more a person is considered disabled the quicker he/she will be seen.

If a single item is rated for 60% or there is a combined rating of 70% and the veteran is unable to work (as determined by a physician). Then the veteran is eligible for the (I cna't remember the program off hand) but it raises the persons compensation to the 100% rate and makes them eligible for the SSDI.

Look who's coming in handy!

[Darksaga]

I'm rated at 50%. I have three conditions, rated respectively at 30%, 20% and 10% for a total of 60%, but my overall rating is only 50%.

I was thinking about applying for a re-eval, I'm sure I could get my rating raised, but I want to keep working. At what percentage level will the VA rating prevent you from holding a job? Can you be rated at over 70% and still be allowed to work?

First and foremost I am not a service officer. I am offering advice on personal experience and would recommend independent verification of any and all recommendations.

SSgt. Rock,

The rating system is not linear so that is why your rating is not at 60%. The formula the VA uses to determine that acutal % also looks at how the disabilities interact with each other.

If you do decide to apply for a re-eval then I would strongly suggest you retain the services of the DAV (Disabled American Veterans). Please note that the DAV is my personal preference as I am a member and have had good experience with them but quality of service can vary from office to office. The DAV is a veterans service group run by veterans and they will assist you in filing the paperwork properly and then argue on your behalf. They are located in most VA hospitals and VA regional centers. They also have services in the community. It would probably be best if you looked them up on the internet. They offer there services for free but you can become a life member for $150 (atleast that is what it was when I joined) and that helps pay the salaries for the DAV representatives. There are a number of other fine service organizations such as the American Legion etc etc. Each will be happy to assist you with your claim and to explain the process to you.

As for work. If you apply for and recieve individual unemployability then you telling the VA your service connected disability is too severe for you to work.. We used to have a pastor that was rated at 100% disability but he still worked as a pastor. So each case is based on the individual and their situation. The VA cannot tell you that you can't work. That is up to you and, if applying for individual unemployability, the individual unemployability needs to be recommended by your physician. I would caution you to look at work options that do not exasperate your conditions. For instance if you have injured you knees while in service you may not want to be hiking guide in Rocky Mountain National Park as it may aggravate your knees.

There is an important side note. If a person is recieving SSDI then they will be limited in their earned income. More information can be found out at http://ssa.gov/

I do not believe that VA compensation is considered earned income but it would be best to verify that for yourself.

[Steadfast]

Speaking along these lines, I have a friend I met at our local Veteran's Hospital way back in the early '90's. During his time in Vietnam he was a USMC Infantry Lt. This is one guy I konw that works several days a week as a psychologist and is collecting his 100% from the V.A. Any thing more you may wish to know of my friend you can gleam from his site online: www.Svaphilosopher.com


.

[Darksaga]

First and foremost I am not a service officer. I am offering advice on personal experience and would recommend independent verification of any and all recommendations.

I had a meeting today with the veteran representative that is involved with the Workforce Inititive Act. He provided me with alot of good schwag but it will take me some time to organize it all. This guy was squared away.

One thing he mentioned was about concurrent pay for those recieving retirement and disability compensation from the VA. How this works is if 1. the person is rated at 50% or more and 2. the disability pay does not exceed what the person is recieving as retirement pay. If the retirement pay is exceeded by the disability pay then the retirement pay is forfeit. If the disability rating is 40% or less then the person forfeits the disability pay in favor of their retirement. However, they will still recieve the benfits associated with their rating. This form on concurrent pay has been authorized until 2014.

[fireranger]

Update on my re-eval.

I just got my paperwork back saying that I can appeal their rating decison "de novo" which means a new review with a new rating officer or I can accept their statement of findings and go through the regular appeal process.


Anyone have any suggestion?

[Darksaga]

Ranger FireRanger,

I am going to assume you are not satisfied with your VA descision/rating. I would recommend speaking to a service officer representative. They would be people who work for the DAV, American Legion, VFW who know how the VA works and which course may be wiser. They usually have an office in the VA regional office in your area. I have also found them in VA hospitals before.

I would not suggest going through a lawyer as it will cost you $$$ and the service organizations are specialized in this field.

[Towedjmpr]

Definetly go to the DAV if you haven't already.

They are great.

[Gravedigger]

A "De Novo" review of your claims folder is a review by an appeals officer who will determine if there has been any errors made in past rating decisions. Generally there will be no change in your rating unless the appeals officer finds a "clear and unmistakable error" in your favor which doesnt happen often. At this point there have been several rating specialist who have looked at your claims and are confident that you are rated correctly based on the evidence of record. The VA's position is that as the claim stands now the decision will be upheld at the BVA or "Board of Veterans Apeals" in DC. I would suggest that you obtain the information from the rating schedule that tells you what medical evidence is needed to obtain a higher percentage. If possible see your Doc and generate some additional evidence that can be submitted as "New and Material" evidence. The appeals officer will then have a legitimate reason to rate your case again at the local level before certifying your case to BVA. Once at BVA it could take up to 18 months before a decision is made unless you request a hearing before the traveling BVA member when they come to your regional office. If you havent had a hearing before the regional office hearing officer you might consider requesting a hearing and submit additional evidence at that time. Having an understanding of the rating schedule of disabilities for your particular condition is key to knowing what kind of evidence is needed. It really comes down to a word game by the Doc's alot of the time.

I hope this helps.