Got my Ratings back!

stvaldez226 said:
Do you know the most effective way to do that? Would I have to hire an attorney?
Click to expand...
That I don't know, I am new to the VA portion myself... PM Jeep Freak, Pittpan2005, Jason Perry or Maparker... One of those guys may know.
 
I have a question regarding the "simulated war" scenario...I was a heavy equipment operator in my prior enlisted life for 13 years...bottom line, screwed up my neck/back (7 herniated disks, one of which is now artificial)...4 years of this was as an instuctor training equipment operators how to repair an airfield during a live bombing attack. Rapid Runway Repair was the training in the Air Force...would this qualify under these circumstances? I am currently going through an MEB for my neck and back but I'm certain there isn't a "combat" flavor in any of the language. The entire training cirriculum was simulating all of the Civil Engineering actions in a time of war.

Thanks!
 
I am not quite catching the basis of your question, are you referring to CSRC? If so then if you can show proof then yes, but treat it like a court case, get witness statements, medicals records, and so one.
 
Yes, I saw some info above regarding the "combat related" injuries and the equipment operation is what jacked up my back. I'm looking into the regs and see that "training that simulates war" falls into the category for CRSC. Thanks!
 
Super, thanks! I'll ask to adjust as I spent 5 years doing this type of work and it was very wearing on my condition. Thanks for the help, Grizz!
 
Got my final award from the VA and my Spondylosis and disk disease of lumbar spine---50% was lowered to 20% in the final award and my Right carpal tunnel with ulner neuropathy---30% was raised to 50%.

I did make a post in the VA forum, but how can the VA lower from my proposed rating to my final. The proposed rating had my range of motion and anklyosis of the entire thorocolumbar spine as reason for the 50% rating, and the final said 20% was the rating and the higher rating was not issued because ROM was not less than 30degrees.

This is false and I have the VA C&P Dr's notes of my ROM from the original C&P appointment. I asked her to copy it and give it to me for my files in case it ever came in to question.....They included a form to dispute final award...is this how I go about getting this fixed? why would they lower it that much?> I think i got screwed here....my final VA % is still 100% but I believe they are wrong on this rating.

Not sure if Jason can chime in here, but according to your post above don't they have to do an eval before they can lower it? in a matter of fact since then I had a Spinal cord stimulator implanted to help with the pain as it in no way has gotten better

Thanks again everyone for your help.
 
§ 3.340 Total and permanent total ratings and unemployability.​

(a) Total disability ratings —(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.
(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in pension cases, the requirements of paragraph 17, page 5 of the schedule are met.
(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent improvement, a rating of total disability may be made, provided:
(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;
(ii) That it must have required extended, continuous, or intermittent hospitalization, or have produced total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged exacerbations; and
(iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical condition, the veteran will be unable to effect an adjustment into a substantially gainful occupation. Due consideration will be given to the frequency and duration of totally incapacitating exacerbations since incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining whether the average person could have reestablished himself or herself in a substantially gainful occupation.
(b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long standing which are actually totally incapacitating will be regarded as permanently and totally disabling when the probability of permanent improvement under treatment is remote. Permanent total disability ratings may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way of residuals. The age of the disabled person may be considered in determining permanence.
(c) Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on ratings for compensation or pension.
[26 FR 1585, Feb. 24, 1961, as amended at 46 FR 47541, Sept. 29, 1981]​
 
§ 3.343 Continuance of total disability ratings.​

(a) General. Total disability ratings, when warranted by the severity of the condition and not granted purely because of hospital, surgical, or home treatment, or individual unemployability will not be reduced, in the absence of clear error, without examination showing material improvement in physical or mental condition. Examination reports showing material improvement must be evaluated in conjunction with all the facts of record, and consideration must be given particularly to whether the veteran attained improvement under the ordinary conditions of life, i.e. , while working or actively seeking work or whether the symptoms have been brought under control by prolonged rest, or generally, by following a regimen which precludes work, and, if the latter, reduction from total disability ratings will not be considered pending reexamination after a period of employment (3 to 6 months).
(b) Tuberculosis; compensation. In service-connected cases, evaluations for active or inactive tuberculosis will be governed by the Schedule for Rating Disabilities (part 4 of this chapter). Where in the opinion of the rating board the veteran at the expiration of the period during which a total rating is provided will not be able to maintain inactivity of the disease process under the ordinary conditions of life, the case will be submitted under § 3.321.
(c) Individual unemployability. (1) In reducing a rating of 100 percent service-connected disability based on individual unemployability, the provisions of § 3.105(e) are for application but caution must be exercised in such a determination that actual employability is established by clear and convincing evidence. When in such a case the veteran is undergoing vocational rehabilitation, education or training, the rating will not be reduced by reason thereof unless there is received evidence of marked improvement or recovery in physical or mental conditions or of employment progress, income earned, and prospects of economic rehabilitation, which demonstrates affirmatively the veteran's capacity to pursue the vocation or occupation for which the training is intended to qualify him or her, or unless the physical or mental demands of the course are obviously incompatible with total disability. Neither participation in, nor the receipt of remuneration as a result of participation in, a therapeutic or rehabilitation activity under 38 U.S.C. 1718 shall be considered evidence of employability.
(Authority: 38 U.S.C. 1718(f))​
(2) If a veteran with a total disability rating for compensation purposes based on individual unemployability begins to engage in a substantially gainful occuption during the period beginning after January 1, 1985, the veteran's rating may not be reduced solely on the basis of having secured and followed such substantially gainful occupation unless the veteran maintains the occupation for a period of 12 consecutive months. For purposes of this subparagraph, temporary interruptions in employment which are of short duration shall not be considered breaks in otherwise continuous employment.
(Authority: 38 U.S.C. 1163(a))​
Cross Reference: Protection, total disability. See § 3.951(b).​
[33 FR 16273, Nov. 6, 1968, as amended at 39 FR 14944, Apr. 29, 1974; 50 FR 52775, Dec. 26, 1985; 53 FR 23236, June 21, 1988; 55 FR 17271, Apr. 24, 1990; 57 FR 10426, Mar. 26, 1992; 58 FR 32445, June 10, 1993; 58 FR 46865, Sept. 3, 1993]​
 
You must log in or register to reply here.
Top