Notification letter DAV in VA Disability Claims (General) Forum

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Notification letter DAV

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NKGunner	Notification letter DAV		Lead	[-]
Posts: 22 Jun 23 07 9:21 AM	Tags : None I received a notification letter from the DAV on my claim the other day. The breakdown is as follows: 1. 70% PTSD Service Connected: 2 PH: USMC 1st Recon: (Was anxiety neurosis prior rating) 2. 30% TKR Left Knee, Service Connected 3. 30% TKR Right Knee, Service Connected 4. 20% Back, Multiple level Spondylosis with central spinal Stenosis, Service Connected 5. 10% Plate, gunshot wound to the head, headaches ECT, Service Connected 6. 10% Tinnitus, both ears Service Connected 7. 10% 5th Metacarpal Service Connected Added up they equal 180%, VA math equals 91.424% (?) 91% Does the math add up correctly? Doctor stated the PTSD was severe. I am going to file NOD for #1 & #5. No TBI only 10% for the plate (small). Thanks to Cruiser for the advice on the letters from my doctors on More Likely than Not that tied in my back problem to my knees and the total knee replacements. NKGunner
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cruiser	Re: Notification letter DAV	#1	[url]	[-]
Posts: 17460 Jun 23 07 9:41 AM	A couple of things to keep in mind. First, you can't file a Notice of Disagreement until AFTER you receive the official letter from VA. There is certainly nothing wrong with filing an NOD on the evaluation of 70 percent for PTSD if you think it is incorrect; however, I would not base that solely on the fact that the doc said that the condition is "severe". A 70 percent evaluation represents a very severe level of disability. In order to go to 100 percent the evidence must show that you have a TOTAL occupational AND social impairment. As you can see this is well beyond what would otherwise be called a "severe" disability. With regard to the plate, I am assuming that you lost a portion of your skull. The evaluation for this is based solely on the size of the portion of the skull that was lost. For a portion that is the size of a 25 cent piece or smaller the correct evaluation is 10 percent. If you have other disabilities associated with this injury, such as headaches, dizziness, etc. from the traumatic head injury a separate 10 percent evaluation can be assigned for this. Did you claim such residuals of the head injury? You should also note that 10 percent is the most you can get for the residuals unless you also have an organic brain injury that results in mental impairment of some type; however, since you already have a service connected mental disorder this would be of no benefit to you as far as VA Compensation is concerned. Just some things to keep in mind. Cruiser
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gksl4522	Re: Notification letter DAV	#2	[url]	[-]
Posts: 1213 Jun 23 07 10:32 AM	I am not an expert like some around here but when I read your post I though sure you would have said you were IU, but you didn't. OK, I'm nosey. Are you working. If not, you should receive an application for the individual unemployability with your notification. You said you received a "notification" letter from the DAV. You must live in a great state or have a great DAV organization. I have never heard of that, but of course I ain't heard of a lot of things. If your able to work, then as POP says, "Good on ya". If not, if it was me, I would wait till I received the actual decision and then apply for IU. Maybe the rater, realizing you were seeking the highest rate possible went ahead and did it, will do it or sends the application. I believe the application for IU is automatically attached if you are qualified and not working. Anyway,I would wait, do the IU thingy if not working then send consider the NOD's.
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chessmaster315(d)	91% using fuzzy VA math.	#3	[url]	[-]
Posts: 25 Jun 23 07 11:19 AM	Altho I agree with the above guys, I will add this: Remember the VA fuzzy math is gonna burn you bad. For example, if you are at 91% (VA fuzz), then get Another 10 percent,(before fuzz) the fuzz gets you because that still rounds down to 90%. That is, you get 10 more percent,(before fuzz) but no more money. There are "fuzzy math" calculators around, but it sounds like you already know how to do fuzzy math. My only point is, that you might consider whether or not you have anything to gain by filing a NOD. If you think you will only get another 10% (before fuzz) then dont bother with a NOD because 92% fuzz gets you no more than 91% fuzz. However, if you NOD the 70%PTSD, and it gets appealed to 100%, then you get the max, 100%, and you dont worry about the fuzz. If you dont have anything better to do, and dont mind the stress, then go ahead and appeal, however. You never know.
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NKGunner	Re: 91% using fuzzy VA math.	#4	[url]	[-]
Posts: 22 Jun 23 07 3:29 PM	Thanks for quick answers. I will be waiting for the formal answer for VA before I do anything. I have been with the DAV out of Boston since 1969 and they do a very good job for the guys. This process has been long but it had to take its course. The plate is just under-size for the next rating and I use to have 10% for the problems with the injury, i.e. headaches ect and they were lumped together in one 60% rating with the anxiety. That is one thing I will ask the DAV about. The PTSD rating maybe is where it should be. I have a hard enough time but not as bad as some others. I played with the VA math before posting and I believe that I would not get to 95+, to kick it up to 100%. I am working at present but only for 1 more month. I had planned on looking into the IU after the claim came back and when I was through working. This board and you guys are very important to many of us, some more than others. The fear of the unknown is great and being aware of the what and hows does make it less fearful. THANKS!
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Badeye70	Re: 91% using fuzzy VA math.	#5	[url]	[-]
Posts: 106 Jun 23 07 4:43 PM	*Quote:* 2. 30% TKR Left Knee, Service Connected 3. 30% Right Knee, Service Connected Question for someone more knowledgeable: Would this be considered a bilateral condition and would that add to the percentage allowed by the VA? Badeye
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cruiser	Re: 91% using fuzzy VA math.	#6	[url]	[-]
Posts: 17460 Jun 23 07 4:46 PM	*Quote:* I use to have 10% for the problems with the injury, i.e. headaches ect and they were lumped together in one 60% rating with the anxiety. That doesn't sound right because there is no 60 percent evaluation for anxiety. But regardless, I really think that a 10 percent for headaches, dizziness, etc. can be granted in addition to the PTSD evaluation and the one for the plate in the skull. Of course you have already figured out that this won't change your combined evaluation so it may be much ado about nothing. Cruiser
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NKGunner	Re: 91% using fuzzy VA math.	#7	[url]	[-]
Posts: 22 Jun 23 07 5:09 PM	I have 30% Left TKR 10 years ago and 30% Right TKR 2 years in Aug 07. The DAV questioned the 60% a few years ago but nothing changed until I had the PTSD exam last year.
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cdawgg21		#8	[url]	[-]
Posts: 19 Apr 28 12 12:55 PM	You need to check and see if they did a bilateral decision on both knees. If not, you need to ask for VA to change that rating from individual to a bilateral rating because then they add both knees together. Example. 30% + 30% = 60% + 10% bonus which will take that rating to a 70% rating. You also need to file for your scars on each surgery. Good Luck.
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devildocret		#9	[url]	[-]
Posts: 375 Apr 28 12 1:15 PM	cdawgg21 wrote: You need to check and see if they did a bilateral decision on both knees. If not, you need to ask for VA to change that rating from individual to a bilateral rating because then they add both knees together. Example. 30% + 30% = 60% + 10% bonus which will take that rating to a 70% rating. You also need to file for your scars on each surgery. Good Luck. You do know you are replying to a post that is 5 years old, don't you?
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scottoo898		#10	[url]	[-]
Posts: 419 Apr 28 12 1:35 PM	devildocret wrote: cdawgg21 wrote: You need to check and see if they did a bilateral decision on both knees. If not, you need to ask for VA to change that rating from individual to a bilateral rating because then they add both knees together. Example. 30% + 30% = 60% + 10% bonus which will take that rating to a 70% rating. You also need to file for your scars on each surgery. Good Luck. You do know you are replying to a post that is 5 years old, don't you? Damn! That made my day.
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Cavtrooper088		#11	[url]	[-]
Posts: 235 Apr 28 12 3:43 PM	Heck--I was getting ready to give my two cents worth of advice as well LOL Thanks for the wave off! Scottoo Cav
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Cav1Sgt		#12	[url]	[-]
Posts: 4073 Apr 28 12 11:30 PM	Just to correct the current misinformation: 30% + 30% = 51 plus 10% bilateral factor (5.1) = 56 not 70% (Bilaterals) Rounding to the closest 10 is only done at the end of the combined rating. Cav1Sgt
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beez		#13	[url]	[-]
Posts: 540 Apr 29 12 5:32 AM	my MH is at 70% and if I would like to keep working then that is as high as it is going so if this is the same for you then just let it be as for #5 you can see what will happen
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