Disability Granted v Voc Rehab Purposes in VA Disability Claims (General) Forum

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Disability Granted v Voc Rehab Purposes

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carliecash	Disability Granted v Voc Rehab Purposes		Lead	[-]
Posts: 3427 Apr 8 11 2:39 PM	Tags : None Question: Can VBA grant DC 7500 as SC'd at 20 percent - but only apply it for for Voc Rehab purposes, without any monetary compensation to the claimant for this disability ?
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jameschap		#1	[url]	[-]
Posts: 1536 Apr 8 11 4:56 PM	carliecash wrote: Question: Can VBA grant DC 7500 as SC'd at 20 percent - but only apply it for for Voc Rehab purposes, without any monetary compensation to the claimant for this disability ? 7500 Kidney, removal of one: Minimum evaluation 30 Or rate as renal dysfunction if there is nephritis, infection, or pathology of the other. If he was granted more than 0% I would think they would have to give monetary compensation. Maybe something out there I am unaware of when chap 31 involved. look at CFR rating. Lessons are learned from mistakes made
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Blue68		#2	[url]	[-]
Posts: 103 Apr 9 11 6:02 AM	A Memorandum Rating can be given for Voc Rehab purposes. Who is Eligible for VR&E VetSuccess Services? Veterans are eligible if they: Have received, or will receive, a discharge that is other than dishonorable Have a service-connected disability rating of at least 10%, or a memorandum rating of 20% or more from the Department of Veteran Affairs (VA) Apply for Vocational Rehabilitation and Employment (VR&E) VetSuccess services http://www.vba.va.gov/bln/vre/
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carliecash		#3	[url]	[-]
Posts: 3427 Apr 9 11 7:18 AM	Thanks for the replies. I can not find a definition of what a "memorandum rating" is and the how's & why's of memorandum ratings. I am still am looking for answers on my original question.
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jameschap		#4	[url]	[-]
Posts: 1536 Apr 9 11 7:42 AM	Is the veteran awaiting service connection post discharge or BDD? Lessons are learned from mistakes made
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carliecash		#5	[url]	[-]
Posts: 3427 Apr 9 11 7:50 AM	jameschap wrote: Is the veteran awaiting service connection post discharge or BDD? No,the veteran was separated several years ago.
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Cav1Sgt		#6	[url]	[-]
Posts: 4084 Apr 9 11 7:58 AM	"Service members and veterans without a VA memorandum rating need to complete VA Form 28-0588, Vocational Rehabilitation and Employment - Getting Ahead After You Get Out. A copy of your medical records must be included along with this form. An application for VR&E services, VA Form 28-1900 Disabled Veterans Application For Vocational Rehabilitation, needs to be completed as well. Please submit both VA Forms (28-0588 and 28-1900) along with medical documentation to a VA VRC, a Military Service Coordinator, VA Coming Home to Work Coordinator or deliver to a local VA Regional Office." The listed reference from MR21-1MR is Part IX, subpart ii, Chapter 2. In my limited understanding, it is a memo that is used to determine eligibility to Voc Rehab services prior to a formal rating decision being rendered and generally based on the SMR. There is no disability compensation associated with the memorandum. Once a need for the memorandum is established, a request is generated to complete the memorandum based on the SMR. This allows Vet's to expedite their entry into Voc Rehab. Cav
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carliecash		#7	[url]	[-]
Posts: 3427 Apr 9 11 3:43 PM	Thanks for the additional responses and information. I still have no idea about the what's and why's for "memorandum ratings" What are all the reasons they are issued for and what is all of the criteria for them ? Also, I still have my original question I'm looking for an answer on. "Question: Can VBA grant DC 7500 as SC'd at 20 percent - but only apply it for for Voc Rehab purposes, without any monetary compensation to the claimant for this disability ?"
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jameschap		#8	[url]	[-]
Posts: 1536 Apr 9 11 6:10 PM	Cav1Sgt wrote: "Service members and veterans without a VA memorandum rating need to complete VA Form 28-0588, Vocational Rehabilitation and Employment - Getting Ahead After You Get Out. A copy of your medical records must be included along with this form. An application for VR&E services, VA Form 28-1900 Disabled Veterans Application For Vocational Rehabilitation, needs to be completed as well. Please submit both VA Forms (28-0588 and 28-1900) along with medical documentation to a VA VRC, a Military Service Coordinator, VA Coming Home to Work Coordinator or deliver to a local VA Regional Office." The listed reference from MR21-1MR is Part IX, subpart ii, Chapter 2. In my limited understanding, it is a memo that is used to determine eligibility to Voc Rehab services prior to a formal rating decision being rendered and generally based on the SMR. There is no disability compensation associated with the memorandum. Once a need for the memorandum is established, a request is generated to complete the memorandum based on the SMR. This allows Vet's to expedite their entry into Voc Rehab. Cav I would be leaning on what Cav1SGT posted. Maybe it would get more attention in chap 31 forum. Can mod move it or can you ask there more experts on Vocrehab. Lessons are learned from mistakes made
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carliecash		#9	[url]	[-]
Posts: 3427 Apr 10 11 12:03 PM	jameschap wrote: I would be leaning on what Cav1SGT posted. Maybe it would get more attention in chap 31 forum. Can mod move it or can you ask there more experts on Vocrehab. James, My question does not really have to do with Voc Rehab but the issue of a "memorandum rating" came into the thread so thats the only reason I have now questioned that issue. My question remains, "Can VBA grant DC 7500 as SC'd at 20 percent - but only apply it for for Voc Rehab purposes, without any monetary compensation to the claimant for this disability ?"
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dally7777		#10	[url]	[-]
Posts: 3230 Apr 10 11 7:56 PM	No, did this situation happen to you? If so contact a VSO, maybe they don't have your correct bank information and the money is going into the wrong account.
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carliecash		#11	[url]	[-]
Posts: 3427 Apr 11 11 1:20 PM	Thanks again for the reply's. dally - no this isn't for me it's for a fellow vet. My concern is that she never received any compensation for this specific disability,as far as I know, so far. At one point VBA had granted her to receive 30 % SC for what, I am still confused on, she has to find me this rating decision. She said VA granted her pension over compensation because it was the higher benefit. She received some pension payments. Not long after this her SSDI was granted and she notified VA that SSDI had been granted. The pension money kept coming and she spent it. Months later she received a letter from VA for recoupement of the pension over payment. She replied to VA with a copy of the letter she sent notifying them of her SSDI being granted. and VA waived the over payment. No disability compensation has been paid to her since. In regards to my original question here is what I have so far. Her 2nd period of Air Force active duty she was discharged 08-02-99. She says she did not file BDD or a claim for benefits from VBA until after she was separated. This is from Rating Decision dated 11/30/01 Page 1 ISSUE: Entitlement to an evaluation for vocational rehabilitation under 38 USC chapter 31. Evidence: Service medical records for the period September 7, 1982, to August 2, 1999. Hospital report VAMC Dallas, Tx for the period November 8, 2000 to November 14, 2000. Decision: Entitlement to an evaluation for vocational rehabilitation is established. Reasons and Bases: Service medical records show that the veteran had a history of kidney stones during service and was also diagnosed with a left renal mass which resulted in surgery for a nephrectomy of the left kidney following service. A service-connected disability evaluated as 20 percent or more disabling will establish entitlement to an evaluation for vocational rehabilitation. Entitlement to an evaluation is granted because a 20 percent rating has been assigned for the following: residuals, status post nephrectomy, left. Page 2 Jurisdiction: 290-01 Original Vocational Rehabilitation claim received July 24, 2001. Service Connected/Vocational Rehabilitation Purposes 7500 - RESIDUALS, STATUS POST NEPHRECTOMY, LEFT 20 PERCENT OR MORE
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carliecash		#12	[url]	[-]
Posts: 3427 Apr 12 11 7:24 PM	bump
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Ivac		#13	[url]	[-]
Posts: 1387 Apr 13 11 7:53 AM	Carlie, one thing that seems to be wrong is that VA granted SC for the loss of a kidney. However, comp was stopped when the vet became entitled to pension at a rate greater than what comp would have paid. When pension was terminated due to an increased income, VA forgot to restore the comp - this is an error that I have come across more than once but it is easily corrected by notifying VA that they forgot to resume the comp - if there is a VSO at the RO just ask him or her to have VA resume the comp. Resumption of comp would be a simple matter. Now as to the memo rating, I have never handled such a claim but it seems that VA can (as Cav Sgt explained) determine that the vet will be rated at 20% or more thus he/she is eligible for Voc Rehab immediately at separation - while an official comp claim is filed and an official comp rating is being assigned assigned - a process that could take many months. It seems that the 'unofficial' memo rating does not require payment of comp - THAT must wait for an official rating. This whole thing seems to be a way to get a vet into VR as soon as he/she is a civilian again without having to wait months for an official SC rating and an official award of comp. Does this help? Ivac
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Blue68	I still have no idea about the what's and why's for "memorandum ratings"	#14	[url]	[-]
Posts: 103 Apr 13 11 8:46 AM	Memorandum rating decisions are ratings given for specific purposes. They may be prepared for: Determining basic entitlement to ancillary benefits Due process proposals Providing information to other services and agencies Memorandum ratings are commonly used to determine entitlement to: Vocational rehabilitation Dependent's Educational Assistance under 38 USC Chapter 35 A dependency allowance based on permanent incapacity for self-support due to physical or mental disability of a child Specially adapted housing Veteran's Civil Service preference Common Types of Memorandum Ratings "Aid and Attendance" benefits for a spouse or surviving spouse Automobile and adaptive equipment under 38 USC Chapter 39 Service-connected death under the provisions of Section 156, Public Law 97-377 (REPS) Example for Voc Rehab - Veteran wants to apply for Voc Rehab and veteran's claim for disability benefits is currently being processed. In the interim a Memorandum Rating may be prepared to determine eligibility for Voc Rehab.
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NavyNCC		#15	[url]	[-]
Posts: 4640 Apr 13 11 8:50 AM Navy Chief Initiated by Choice Proud of Tradition	I have ran into 2 memorandum ratings. It is just as Ivac has stated. VA grants an unofficial memorandum rating so the veteran can start processing other benefits prior to seperation. On the evaluation for Voc Rehab it appears that VA was issueing the rating because the vet was on pension but also qulified for Voc Rehab because of a service connected condition. Since the vet was drawing pension there would have been no compensation paid. NavyNCC "We keep you alive to serve this ship"
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