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Posts: 7750
May 22 08 7:28 AM
Maybe there is someone I could show the evidence to,
Interact
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May 22 08 7:58 AM
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Oct 30 08 1:03 AM
Posts: 1906
Oct 30 08 6:12 AM
Oct 30 08 11:59 AM
Posts: 1182
Oct 30 08 12:45 PM
Oct 30 08 3:23 PM
There is a chart available. It will help you with the fuzzy VA math.
Oct 30 08 5:50 PM
Posts: 107
Oct 30 08 6:11 PM
VA math calculator link from the sticky at the top of the forum.... Link I am pretty new here and unsure as to how this works but at the top of that spreadsheet there is a section for "Bilateral".....I am not sure if this will help...
Wish you the best on your search...I am curious as to how it works out as I will most likely have a "bilateral" factor and am trying to understand it as well.....
Posts: 4054
Oct 30 08 9:46 PM
ยง4.26 Bilateral factor.
When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10's representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.
Based on that it would appear as though all the ratings would be combined and a single combined rating obtained. Using the numbers provided, I get a combined rating of 75 and a bilateral factor of 7.5 for a net of 83. This assumes that all the top listed disabilities are considered lower extremity bi-laterals. Then using the table for the three remain 10's, I get 88 or an end rating of 90%. Taking only the lowest two bilats, the rating is an 80%, which is what you would also get with no bilaterals. Taking only the two highest bilaterals, it is at 90%. IMHO, the first solution is the proper one, but I could be wrong. Cav
Oct 30 08 10:16 PM
Posts: 686
Oct 30 08 10:56 PM
retiredVArater wrote: Let me add one more tidbit on the bilateral factors: The newest version of the VA rating software, called RBA2000, computes bilateral factors automatically as well as, so far as I can tell, without error. When it was first introduced in late '99, we often had VSRs come back to us arguing that the bilateral computation was not working when they tried to promulgate the rating into the system. In every single instance, the error was a human one, i.e., the rater either did not enter the correct bilateral (bl, rl, ll, bu, ru, or lu), usually by repeating the previous limb's designation (two left uppers instead of one for each side) or by forgetting to designate the bilateral in the first place. Thankfully, the software that promulgates the award action along with a sharp VSR eye will ensure that the combined bilateral factor is probably correct virtually every single time. I NEVER saw an RBA2000 bilateral factor that was caused by the software itself, and that includes eye tables which can be intimidating at times. It is one of the more useful components of RBA2000 IMHO. bl - bilateral lower ll - left lower rl - right lower bu - bilateral upper lu - left upper ru - right upper Hope this helps, rVr My decision made not even six months ago, the VA miscalculated my bilateral factor and gave me a 90% with individual unemployability, however, when I ran the figures and used the chart I came up with 95%. I did an IRIS inquiry and about two weeks later I received a new rating of 100% P&T. This is not the first mistake but one of many that the VA has made on my claims...one going back 18 years. I NEVER trust them on any rating or communication I receive, experience has taught me to question them all the time. Just my experience.
Oct 31 08 2:47 AM
I'm curious what actual percentage i'm at so I can know how far off that elusive 95% is.
Oct 31 08 8:29 PM
Posts: 2
Apr 23 10 12:36 AM
I am new to the VA system and trying to receive a fair rating. The local office has repeatedly erred on my claims, including sending me a notice stating that I had not appealed a decision that I filed a timely letter of disagreement. I have a few questions and need help with the math because I cannot find 10% on the scale.First, I applied for Agent Orange and was DENIED. No testing was completed to diagnose or rule out Diabetes Mellitus. I also asked for ratings related to a number of diseases that are Diabetes related but lacked the Medical Nexus at the time. A few months after being denied, I was diagnosed with Diabetes Type II and prescribed Metformin. Pursuant to ยง 4.42 "Complete medical examination of injury cases.", the VA should have completed a proper exaamination for the Agent Orange presumptive conditions, including Diabetes- Type II. I brought the new diagnosis to the VA's attention and asked for an effective date of the original exposure exam. The effective date (06/19/2009) given was based upon when I provided proof of the diagnosis to support a prior claim, not the date (2007) of the original AO claim and exam (06/2008).QUESTION ONE: When should the effective date be for back pay of this claim?I think that my current ratings are erroneously calculated. Will someone please tell me how to figure the following with the "BILATERAL FACTOR" being applied to the four (4) extremities as they are a direct result of the diabetes?
Medical Description
Percent (%) Assigned
Effective Date
Median neuropathy (carpal tunnel syndrome), LEFT UPPER EXTREMITY (Major) associated with diabetes mellitus, Type II
50%
June 29, 2009
Median neuropathy (carpal tunnel syndrome), RIGHT UPPER EXTREMITY (MINOR) associated with diabetes mellitus, Type II
40%
Polyneuropathy- RIGHT Lower Extremity
10%
Polyneuropathy- LEFT Lower Extremity
Diabetes mellitus, Type II associated with (Agent Orange) herbicide exposure
20%
Apr 23 10 3:10 AM
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Apr 23 10 6:00 AM
Posts: 474
Apr 23 10 7:29 AM
Posts: 17457
Apr 23 10 7:41 AM
Dale Rumans wrote: SteamJockey would you please check on something for me. Bi laterals are added for left and right sides then X 10%. So you would have 10% + 10 % + 10 % + 10 % = 40 % x 10 % = 44 % then add your other things to this afterward s. Please let me know. This is how it was explained to me. There is no combined ratings first on Bi laterals.
Apr 23 10 9:21 AM
Please explain this to me:How did a combined rating of 84% only increase 3% to 87% when a 20% diabetes disability was added?Are the ratings increased based upon the remaining ability rather than the disability total. For example:84% means 16% ability20% diabetes rating X 16% ability =3.2, thus:84% + 3.2% = 87.2 % rounding to 90%Is this correct?
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