Ohio | Veterans Law
Legal Question
As a Vietnam Vet I have received 30% disability for well over 20 years for facial scars.(10% each for 3 scars or set of scars) recently I was awarded new compensation of 30% for PTDS and 10% if tinnitus. However, instead of rising to 70% total I only rose to 50% total because they evaluated down.. 30% for the PTSD then 10 of the remaining 70-then 10% of the remaining 63 - then 10% of the remaining 56.70 - finally 10% of the remaining 51.03 = ,in reverse order, 5.10 + 5.67 + 6.30 + 7.00 + 30.00 = total of 54.07% which, when rounded to the nearest 10th = 50% disability. It seems to me that this formula, whether intentional or not, circumnavigates CFR 3.951 that says an award received for 20 years or longer can not be lowered unless it was fraud to begin with. To my vested 30% should have been added 40% to make an award of 70%. Even if we allow a downflow on the new award it would be 37% added to the existing 30% totaling 67% which still rounds to 70%. Please provide case law to back me up? I want to appeal the decision amount.


