Billateral Factor Of 1.9%

[betrayed]

I know I have not been on here for a while, I have been struggling with my old friends depression and suicide. yesterday morning I knocked the ceiling fan light off the ceiling fan with my hand, broken glass everywhere along with in my hand.

i got two SSOC's yesterday in regards to my DRO Hearing in august. The good news is they granted me 70% for my pain syndromes all the way back to the day after discharge when before the pain syndrome was ignored and there was no mental rating until a year later when I got a rating for depression. I beleive this puts me at 100% the day after retirement. I have to talk to my DAV rep tomorrow. If I read the transcript from the hearing there were 11 issues listed on page 2 of the transcript. The two SSOC's list one item each. I will scan and attach.

My question is if I take all the issues that were granted a percentage on EED of 01jun04 and plug them into the scrate excel calculator it comes out to be 94.331296 % where does the 1.9% bilateral factor come into play? Is it added to the 94.331296% pushing it to over 95% which is rounded up to 100%? In one of the SSOC's it states "has been established by seperate decision with an evaluation of 70% disabling effective june 1 2004, the day after seperation from service". Considering there were 11 issues discussed at the hearing and only two issues listed (one each) in the two SSOC's I recvd yesterday what am I to expect?

[Jim MAC]

I know I have not been on here for a while, I have been struggling with my old friends depression and suicide. yesterday morning I knocked the ceiling fan light off the ceiling fan with my hand, broken glass everywhere along with in my hand.

i got two SSOC's yesterday in regards to my DRO Hearing in august. The good news is they granted me 70% for my pain syndromes all the way back to the day after discharge when before the pain syndrome was ignored and there was no mental rating until a year later when I got a rating for depression. I beleive this puts me at 100% the day after retirement. I have to talk to my DAV rep tomorrow. If I read the transcript from the hearing there were 11 issues listed on page 2 of the transcript. The two SSOC's list one item each. I will scan and attach.

My question is if I take all the issues that were granted a percentage on EED of 01jun04 and plug them into the scrate excel calculator it comes out to be 94.331296 % where does the 1.9% bilateral factor come into play? Is it added to the 94.331296% pushing it to over 95% which is rounded up to 100%? In one of the SSOC's it states "has been established by seperate decision with an evaluation of 70% disabling effective june 1 2004, the day after seperation from service". Considering there were 11 issues discussed at the hearing and only two issues listed (one each) in the two SSOC's I recvd yesterday what am I to expect?

Betryaed

Could be like mine they service connected two of my 5 things I was askin for at my DRO hearing and postponde the other 3 till they gave me another C+P exam that was the first one I ever had for asbestoes

Jim

PS Good Luck

[Berta]

It will be good to hear what the DAV guy says- Jim-

this IS a win-

but I too wonder about the other stuff.

Using the crossbow permit was a good idea-although it did not change the outcome-

still-ANYTHING can be considered as evidence of increase in disability.

Family statements- and in Jim's case- the crossbow permit- DO indicate increased problems.

I used my husband's 1987 drivers license (he had 20-20 vision)and testified he had the first deer kill in the county from what I heard-7 minutes after the season opened but by 1988 his co-workers were chastising him because he could not see the diet cards in the VA kitchen (documented in his personal record)- proof of disability- I used this to prove he nad visual disturbances due to undriagnosed diabetes and malpracticed transcient ischematic strokes-) and he could not feel confortable to even take a shot at 7 deer I drove out-even with a scope on his Mossberg in 1988.

He told the guys at the VA the next day he didn't know where I was (I drove them from the back of our woods and they were way ahead of me) so he was afraid to take a shot-

they said Hell -you can always get another wife- you should have fired at them.

(It was hard for him to understand how rapidly his eyesight had changed and he never hunted again)

These commons sense statements and any proof of them at all-can help support many claims.

Edited December 30, 2007 by Berta

[john999]

I have to wonder how they figure the bilateral factor. It is supposed to be 10% of the combined rating for the original bilateral disability which is added. When you have many ratings it gets complicated and I wish there was a better way to verify that the VA has gotten it right.

[betrayed]

The cross bow permit required a physical therapist (I used a VA) to certify I am 80% permanently disabled (state requirement) in that arm, and then counter signed by Doc (also used VA) yet I get 0% for my arm and hand. If I am correct and I am now 100% from day after I retired then I consider this a full win and would not appeal any other item to the BVA. But this ignorance concerning the loss of use of my right (dominant) hand and arm being rated at SC 0% is so ludicrous I will appeal it to the BVA.

So back to the original question Bilateral factor?

[Ron II]

Just wanted to say that it is good to see you back here...

[Ricky]

Jim, my understanding was that the SSOC was to address any items that were continued and all items not on the SSOC were approved and a rating decision was issued as the SSOC can not be used as a rating decision. However, I also believe in the tooth fairy! :D

I think the bilateral factor should be added to the over all total of the two items that allows the bilateral factor so the two 10's would now become 21 then you go on to combine the other disabilities. I have seen some calculators on the net that tout to be able to properly factor the bilateral factor in the rating. Do a search and see what you come up with.

Anyway, great job as any win is a good win. Glad to see you back with us.