Legal Question in Veterans Law in Virginia

40% Service Connected 100% unemployable non-service

I was rated 40% sc disabled in 1995 for rt knee, immovable rt thumb and degenatory arthritis. In the last 18mos I have had my appendix burst, dbl hernia alonge appendix scar, and a heart attack w/angio-plasty. The local VA rep had me file for update to my sc because the arthritis has spread and both knees/legs are now affected. He also put me in for a ''Non-service connected pension for the heart issue (BP), hypothyroidism, and depression. The pension was approved. My question is ''Why can't I combine service connected and non service connected, and why didn't my 40% increase any?

ThanKs


Asked on 9/29/03, 2:39 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: 40% Service Connected 100% unemployable non-service

You can check with your local VA rep on this, but it may be that your 40% rating has not yet

increased, despite the update to your service connected disability claim(the arthritis and its effects)because this claim has not yet been approved as service connected.

You cannot combine service with non-service connected disabilities and/or ailments because, the rules (law and regulations), simply put, do not allow for this.

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Answered on 10/03/03, 11:22 pm


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