I am currently rated 50% overall. 30% knee after replacement 10% back 10% bilateral pes planus and 10% hypertension. I have recently been diagnosed with depression. I took the report to the DAV. The rep feels I will probably get rated at 30% for depression. Now it is critical that I get IU asap because I have been forced to retire from the post office after 21 years due to the fact that there is no light duty and I can't get cleard for full duty after the Knee replacement. I also know that I can no lomgrer do the job, due to pain in my back, feet and knee, also loss of range of motion in my knee. I am aware of 4.16 (below) I am not sure how it works . Does this mean that my knee feet and back 30+10+10 are counted as one disability at 50% then I add the depression at 30% (if I get it)which adds up to 65% VA math. add 10% hypertension which puts me at 68.5
Am I understanding this right? If so will I be qualified to apply for IU?
Any help or insight would be appreciated.
Thsnks
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§ 4.16 Total disability ratings for compensation based on unemployability of the individual.
(a)
Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities:
Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more.
For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability:
(1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable,
(2) disabilities resulting from common etiology or a single accident,
(3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric,
(4) multiple injuries incurred in action, or
(5) multiple disabilities incurred as a prisoner of war.