Calculation Question Re: Bilateral Awards Secondary To Dmii

[JohnO]

I have a computation question concerning my recent award letter. Am I doing the calculation correctly?

I already have a 20% rating for DMII. I was recently given a test concerning peripheral neuropathy/diabetic neuropathy in all four limbs. The award for my four limbs is as follows:

30% for upper right limb, 20% for upper left limb, 20% for lower right limb, 20% for lower left limb.

From the regs:

<a name="38:1.0.1.1.5.1.98.22">§ 4.26 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.

Using the above referenced reg., do I combine the upper limbs and add 10% then do the same for my lower limbs, or do I combine all four limbs and add 10%?

Calculation, combining upper limbs then adding 10% and same with lower limbs:

30% upper right, 20% upper left, 20% lower right, 20% lower left, 20% DMII.

From the combined rating table, Table I, 4.25.2:

1. 30 combined with 20 is 44%, add 10%, then 48%

2. 20 combined with 20 is 36%, add 10%, then I have 39.6% or 40%

3. 48% combined rating for upper limbs, 40% combined for lower, 20% for DMII

4. Then, 48 combined w/ 40 is 69; 69 combined with 20 is 75.

5. Combined rating is 75% rounded to 80%.

More from the reg on applying the bilateral factor:

(a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

(b) The correct procedure when applying the bilateral factor to disabilities affecting both upper extremities and both lower extremities is to combine the ratings of the disabilities affecting the 4 extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, 10 percent of the combined value thus attained.

© The bilateral factor is not applicable unless there is partial disability of compensable degree in each of 2 paired extremities, or paired skeletal muscles.

[johnjjr]

Combine all 4 extremities, add 10%, and then add 20% for DMII.

Your new rating will be 80%.

Edited August 16, 2012 by johnjjr

[jvretiredvet]

A bit of clarification ... though your answer - 80% - is correct, it wouldn't be if we were to follow your instructions ....

This is the mo' better way: Combine all 4 extremities, add 10%, and then combine 20% for DMII.

Combine all 4 extremities, add 10%, and then add 20% for DMII.

Your new rating will be 80%.

[JohnO]

Thanks for the help.

The reason I did it the way I did was the bilateral factor. That made me believe I should combine the arms plus 10% then the legs plus 10%.