Is Sleep Apnea Va Disability

By | March 30, 2017

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Compensation 101 How did I get this rating

If you've receiveda rating with multiple disabilitiesand wondered how VA got the combined percentage,the following information and example can help youunderstand. VA uses a concept calledthe quot;Whole Person Theoryquot; to determine Veteran'scombined disability rating. This method ensures thata disability rating can never be greater than 100,since a person cannot be

more than 100% able bodied. The disability isdetermined by using the quot;Combined Rating Tablequot;located at 38 CFR 4.25. To use the rating table,you need to start with the highest disabilitypercentage, and from there, arrange them in orderof severity, highest to lowest. For example, if there aretwo disabilities evaluated 50 and 30 percent disabling,the highest degree

or most severe disability in this example 50% will be foundin the left column. Then, the otherless severe disability in this example 30% will be found in the top row. The figures appearingin the space where the left columnand top row intersect will represent the combinedvalue of both disabilities. This combined value willthen be converted

to the nearest numberdivisible by 10. Remember, combined valuesending in 5 or higher, will be adjusted upward to the nearest number divisible by 10. Combined values endingin 4 or lower, will be rounded down to the nearest divisible by 10. The rounding is only doneat the very end after all the disabilitieshave been combined. Let's begin withJoe Veteran as an example.

Joe has been ratedfor the following disabilities in order of severity: 30% PostTraumatic Stress Disorder (PTSD), 20% Diabetes Mellitus,10% Peripheral Neuropathy. Joe has a combined rating of 50%. This combined rating wasderived by the following method. Start with the greatestdisability and then combine them using Table 1in 38 CFR 4.25.

First take the 30% ratingand find it in the left column. Then take the nexthighest disability which is 20% from the top row. The figures appearingin the space where the column and row intersect will represent the combined value of the two. The value is 44. Use this value for theleft row and then find

How do you Win your Veterans Disability Claim Proving Service Connection by Aggravation

How can you prove service connection by aggravation for your Veterans Disability Claimé Hi I'm Marc Whitehead an Accredited Veterans disability attorney. When arguing Veterans Claims the best way to prove service connection by aggravation is by is by showing clear evidence in the veterans service medical records of a current disability having worsened But most veterans don't have a luxury of providing such straight forward proof. If you feel that the documentation in your service records may not be substantial enough for the VA

There are other methods to successfully establish the service connection by aggravation. The best alternative is usually to retain the services of a medical expert that can clearly demonstrate the change in severity of your condition before service and after service. The medical records and testimonies provided by a private physician. combined with lay evidence from witnesses who can verify the change in your disabilities severity may be enough to win your claim and start you on the road to receiving your benefits. Be aware that the clearer and more definitive your physicians statement is the better your chance at a successful claim will be Consider hiring a qualified VA disability lawyer to aid in preparing your case.

Your VA disability lawyer may be able to cite past court cases that support your claim of service connection by aggravation. Several cases over the last few decades have dealt with whether or not old VA ruling showed clear and unmistakable error in fining against the Veteran. The results of these cases often have a direct baring on current Veterans claims. So make sure that your Va disability Lawyer makes a thorough review of the language of these relevant court cases. More information on this topic can be found in my free eBook: Veterans Disability Claims: Strategies for a Winning Campaign Visit disabilitydenials for a free downloadable copy

Or call 18005629830 to discuss your particular Veterans Disability issue I'm Marc Whitehead, thanks for watching!.

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