VA Claim woes

[davblay]

I am currently drawing a combined 80% from the VA. I have recently been diagnosed with type 2 diebetes and PTSD. Do you Marines think this will get me what I need to get the 100%?

Maybe if you work at a VA somewhere this will help you out as well,

Service Connected, 60% for lower back disorder, 30% for Migraine Headaches, 10% for scars....I know that is 100%, but 80% combined, but will/should this other get me the 100% combined, perm service connection?

Just wondering, because of my condition I hope to at least leave my wife something more than the Widows pension when I die, ya know? I filed this claim in April this year, BTW.

Thanks you for any constructive replies and Semper Fi Brothers and Sisters,

Dave

[kilo0311]

You should get a rep from the DAV,VFW, or VVA to help you out. There is no charge and these people are great! Go for 100% based on unemployability if you are not employed. Good luck. Semper Fi!

[Alpha1Devildog]

Real good advice Kilo. Disabled American Veterans, Veterans of Foreign Wars all have service reps waiting and willing to assist you. If you're not a member of either of these groups or both, you...

[oldtop]

DAVBLAY.. Due to the pecular method of VA addition and subtraction, you are being paid at the 80% rate, but the combined total for your disabilities is really 75%. There are two means you can use to get to 100%, the "hard" way", (by the rating schedule) which would require that you be awarded either 50% for PTSD and 60% for Diabetes; or 70% for PTSD and 40% for Diabetes. either of these combinations would equal 95% in VA math, therefore you would be paid at the 100% rate. The most likely scenario is that you would get 50% for the PTSD and 20% for the Diabetes. To get 40% for the Diabetes, you must require insulin (shots, not pills), restricted diet AND RESTRICTED ACTIVITIES. The restricted activities is very important, as these two words make the difference between 20% and 40%. In any case, using the most likely scenario, you will get 50% for PTSD (making you 88%) and 20% for Diabetes (now you're at 90%). To get to 100% you still need a 50% increase at this point. The closer you get to 100%, the harded it is to get it.... NOW for the "easy way"...If you cannot "obtain or maintain: "gainful" employment due to your service connected disabilities alone, you can be paid at the 100% rate due to Individual Unemployability. Your actual rating does not change, but you are paid at the 100% rate, and for all intents and purposes, you ARE 100%. The benefits are the same as if you had 100% by the rating schedule. You need to file form 21-8940, Application for Increased Compensation Based on Individual Unemployability, and Form 21-4192, Request for Employment Information in Connection with Disability Claim. You complete the 21-8940, being sure to state in the remarks block that "Veteran is no longer able to obtain or maintain gainful employment due the severity of his service connected disabilities"... a letter from your treating physician stating the above should be attached to this form, if at all possible. The 21-4192 should be completed by your last employer. Your last employer should be sure to state in block 13A that " veteran is no longer capable of performing job duties due to his __________ disabilities" (your service connected disabilities go in the blank). When you get the IU award, check for "entitlement to dependent's educational benefits granted effective" whatever date. This rider statement will indicate that your conditions are considered "permanent and total" and you are good to go. If the dependents educational benefits is not granted, your condition is considered temporary, and a future exam will be scheduled, usually 12 - 18 months down the road. In this case, be sure to keep up with your treatments (the all important paper trail) and wait 6 - 8 months then send in a request to have the IU made permanent due to lack of improvement in your conditions.
As always, I do not recommend that you do this yourself, get a good rep from the American Legion, VFW, or other veteran's service organization and work through them. Good luck


Semper Fi

[FistFu68]

:evilgrin: DAM TOP I SHOULD HAVE USED YOU AS MY MOUTHPIECE,WHEN THEM BASTARDS HAD ME JUMPING THROUGH HOOPS FOR MANY A YEAR.S/F THAT :beer: :iwo:

[FistFu68]

:evilgrin: DAVE DO YOU HAVE A TENN.DEPT.OF VETERANS AFFAIRS DOWN THERE? :evilgrin: :iwo:

[oldtop]

Main Office Tennessee Department Of Veteran's Affairs (215 Eighth Avenue, North; Nashville TN 37243-1010) (615)741-6663 ... give 'em a call, find out if they have a County Service Office near you, and GO SEE HIM / HER.