How Do You Get Va To Apply Bilateral Rule

[Pete53]

Yesterday I got denial notice and once again the VA ignores the fact I have 2 flat feet (bilateral) not one. They also denied chronic treatment of pain medications as treating secondary symptoms of bad back, They consider that because I do not see a VA Podiatrist as meaning I don't get treatment when the dirty bastards will not see me when I ask for treatment.

Since in my denial it says I can ask a question I plan to send in a request for explanation on why bilateral was not applied and send in single questions about treatment medication. I plan to ask my PCP why she prescribes hydrocodone for me.

I think I will also ask for a DRO Hearing.

[jbasser]

Pete, it sounds like the RO. (Waco) I call it WHACKO is being biased and ignoring th e issue. A DRO may get you over the hump, Personally I would get it the heck out of there and take my chances with the BVA. Most DRO's are good but one has to remember that the DRO is still employed at the RO.

J

[john999]

I wonder how you know if the VA did apply the bilateral factor correctly? I have PN in all four limbs. I don't know if they applied the bilateral factor. Just with what I have I am at about 93% rounded down to 90%. How can I check to see if bilateral factor was applied. I got 70%, 60% and five 10% ratings which amounts to 90%. I am so close to 100% I can see bilateral factor pushing me over the top if not applied already. I wonder if I did an IRIS and asked about bilateral factor if they would tell me or just bs me. No where in my decision on the PN is bilateral factor noted. It gets complicated when you are applying for SMR based on IU and then also looking at a possible 100% schedular due to misapplication of bilateral factor.

[USAFvet13]

John, I plugged all my info into this bilateral calculator to see if my ratings were applied correctly:

http://vets.yuku.com/topic/36441/t/Improved-VA-Math-Calculator.html

[carlie]

Pete,

Check these:

http://www4.va.gov/vetapp08/files2/0810409.txt

http://www4.va.gov/vetapp08/files4/0830567.txt

http://www4.va.gov/vetapp08/files1/0807518.txt

[Pete53]

Thanks to all responses. I was more like the first than the 2nd or 3rd. Looks like I am doomed cause the SOC states no treatment although VA has given me pain meds since my initial rating. I also get a pedicure every month which I will stop and let the callous grow out again

[john999]

The bilateral factor is not much anyway. It affored me about 2% extra for all four limbs.