green

If you have rated issues on both legs/feet (they don't necessarily have to be the same issues) the bilateral factor would be applied.

The total rating on a lower limb (knee through toes) can not exceed the amputation rule which is 40% per side.

So, am I saying the same thing if I change the wording to state the opposite " a Court's granting of the petition is considered as it did create a benefit to the Petitioner as it provided relief that created a material alteration of the legal relationship of the parties" ? Seems to me the question is one of materiality and how exactly the Court determines what is material and what is immaterial.

I don't think the diagnosis is inactive, the VA has moved to snomed(sp) codes which are configured differently. I think they are saying you couldn't currently select that code in the system.

*head shaker*

brokensoldier, I certainly appreciate your willingness to share your perception of Hadit and it's members. I have a different viewpoint however. I don't see the site as negative. I believe everyone is entitled to their opinion and this site allows opinions to be expressed. I have visited other sites on the web that are supposed to be providing help to veterans and my opinion is that many of the members use those sites as means to show how much they think they know/express their opinion and in doing so they simply shut people down. Often times you can read responses that are akin to "Hey Dummy, hire a VSO and all with be right in the world (and your claim)". I find many of the responses in these other forums to be offensive and belittling. I don't view Hadit as that type of forum, people are welcome to ask questions or even vent if they need to, and those that have experience provide ideas, suggestions, and support. I understand that you feel that the VA may be presented unfairly through these discussions and the occasional venting. I believe we can all agree that the VA is tasked with an enormous responsibility and that there are some great, even fantastic, VA employees. At the same time I think we need to acknowledge that there are many veterans that have been treated poorly. Any doubt of that point can be easily dispelled by spending some time reading through decisions at: http://www.index.va.gov/search/va/bva.jsp Green

You will do great today, everyone is wishing you the very best!

What I would do is use this table http://www.purpleheart.org/ServiceProgram/Training2009/Wed%20PM%20Matuszak%203%20VA%20Math.pdf to add the bi-lateral rating percentages and then multiply the total by 1.1 to add the 10%. You can then round to the closest full %. So 5 different 10% ratings would (using the table) = 47% multiply by 1.1 and that gives you 51.7% you would round to 52%. If you have other ratings you always compute the rate from the highest rating to the lowest, rather than considering 5 different codes in this manner you would use the 52%. If you have no other ratings, the % would round down to an overall rating of 50%

will do N4L, I'm expecting positive results for you

yes as the bilateral factor adds an additional 10% to the conditions that apply. Of course the overall ratings are still rounded so it may or may not impact your overall rating based on the percentage and how it will be rounded to the closest 10 point rating (10, 20, 30, 40, etc...)

FYI, I'm still waiting on mine and requested it in Nov of 2014.

pumibel, congrats on the win. Regarding the arthritis, if it's osteoarthritis it seems as though any issues that cause undue wear could be connected as secondary, rheumatoid arthritis would probably be more difficult with no records in-service.

pumibel, LTNS, thanks for keeping us up to date on your progress

Gastone, sometimes you just crack me up!

N4L, Don't worry, expect a positive outcome. I have to say that I have absolutely no faith in the accuracy of eBenefits as my status changed like yours, it then went to prepare for notification for a month and then back to gathering evidence, where it as been since November.

Agreed, the VA is consistently inconsistent

From what I've read the Decide Claim Now button does absolutely nothing but add a computer generated form to your file which requires rating official review. It does not speed up the claim,

Mr. Basser, thank you for the update, I know many of us have been waiting to hear how Jerrel is doing.

I have to agree, some days it seems as though the deck is stacked against us. Truth is I don't believe the VA has the final word on anything and that in itself helps me remain positive (like everyone else I too slip at times).

True, I guess the secret is to lower our expectations to the point we are never disappointed?

Talon, If the VA is reimbursing based on a straight line calculation it would be inconsistent with other Federal methods even how the IRS credits transportation costs related to business

I don't think this is true. I believe smc k is awarded due to loss of use. Also, the 40% rating for lower leg cover's everything below the knee. So you could have a rating of 40% for peripheral neuropathy and 20% for chronic venous insufficiency. The most you could receive would be limited to the 40% which would be paid if you had an amputation. However I don't believe the rating alone qualifies you for a schedule k rating if you have continued use.

Just wondering if once I find an outside doc will I be able to continue to see her/him or will I be expected to go back to seeing the VA doctors?

Great news, happy for you.

Received a call from the local VA medical center Endocrinology department asking me if I was interested in the VA Choice program as they can't see me as soon as they need to. I knew the program was available for people who lived far from a VA medical center but didn't know they offered it locally. Any words of wisdom?