Question On Pn Rating

[old romad]

Had c&p for increase in pn and doc said was giving me both upper arms and lower legs. I already have 10% for feet, what is this rated under so that i may look it up. What is the minimun rating for all bilats?

[Guest jangrin]

Old Romad,

Here's a link and a quote.You might have to copy and paste.

http://www.access.gpo.gov/nara/cfr/waisidx_98/38cfr4_98.html

Once in tthe CFR's you might want to read section 38 CFR 4.124a

[Code of Federal Regulations]

[Title 38, Volume 1, Parts 0 to 17]

[Revised as of July 1, 1998]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.26]

[Page 342]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A--General Policy in Rating

Sec. 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. 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.

(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.

( 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.

Edited June 30, 2007 by jangrin

[john999]

If I believe that the VA did the math on my balateral factor wrong what kind of appeal or objection should I send them? I have a 70% rating for a mental disorder, 10% for DMII and four 10% ratings for PN for all four limbs. I got 80% combined and that seems low to me given the bilateral factor is to be added in and not just combined. I am not really appealing the decision but rather pointing out a math error if the error does exist which I think it does.

[Guest jangrin]

If I believe that the VA did the math on my balateral factor wrong what kind of appeal or objection should I send them? I have a 70% rating for a mental disorder, 10% for DMII and four 10% ratings for PN for all four limbs. I got 80% combined and that seems low to me given the bilateral factor is to be added in and not just combined. I am not really appealing the decision but rather pointing out a math error if the error does exist which I think it does.

John999,

Check your PM box. I sent to you a link and some info. Let me know if you got it ..I can re-send if I need to.

Jangrin

[john999]

Jangrin

I did not get your email for some reason. Send me an email instead of a message jking3@tampabay.rr.com