Do They Round Up To 100%

[octdevildog]

simply stated above if you are 95.1 % is that rounded up to 100%

[rentalguy1]

In fact, 94.5 is also rounded up to 95%, which in turn is rounded up to 100%. This is my husband's rating, which was then rounded up to 100% schedular.

Not to call you out or anything, but you may want to check the math on his combined ratings. 94.5% would be a 90% rating.

EDIT:

38 CFR 4.25:

(a) To use table I, the disabilities will first be arranged in the exact order of their severity, beginning with the greatest disability and then combined with use of table I as hereinafter indicated. For example, if there are two disabilities, the degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate. The figures appearing in the space where the column and row intersect will represent the combined value of the two. This combined value will then be converted to the nearest number divisible by 10, and combined values ending in 5 will be adjusted upward. Thus, with a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability. Similarly, with a disability of 40 percent, and another disability of 20 percent, the combined value is found to be 52 percent, but the 52 percent must be converted to the nearest degree divisible by 10, which is 50 percent. If there are more than two disabilities, the disabilities will also be arranged in the exact order of their severity and the combined value for the first two will be found as previously described for two disabilities. The combined value, exactly as found in table I, will be combined with the degree of the third disability (in order of severity). The combined value for the three disabilities will be found in the space where the column and row intersect, and if there are only three disabilities will be converted to the nearest degree divisible by 10, adjusting final 5’s upward. Thus if there are three disabilities ratable at 60 percent, 40 percent, and 20 percent, respectively, the combined value for the first two will be found opposite 60 and under 40 and is 76 percent. This 76 will be combined with 20 and the combined value for the three is 81 percent. This combined value will be converted to the nearest degree divisible by 10 which is 80 percent. The same procedure will be employed when there are four or more disabilities. (See table I).

They are speaking of whole numbers rounded to be divisible by 10. If the rounded up a 94.5% to 100%, i would be wary of being hit up for overpayment down the road, as that is a incorrect interpretation of the reg.

Edited October 15, 2008 by rentalguy1

[octdevildog]

Thanks guys I'm not there yet but I was told some bum scoup, but as I see here some others also were unaware of the correct answer.

5= round up

4= round down

[vaf]

Not to call you out or anything, but you may want to check the math on his combined ratings. 94.5% would be a 90% rating.

EDIT:

38 CFR 4.25:

(a) To use table I, the disabilities will first be arranged in the exact order of their severity, beginning with the greatest disability and then combined with use of table I as hereinafter indicated. For example, if there are two disabilities, the degree of one disability will be read in the left column and the degree of the other in the top row, whichever is appropriate. The figures appearing in the space where the column and row intersect will represent the combined value of the two. This combined value will then be converted to the nearest number divisible by 10, and combined values ending in 5 will be adjusted upward. Thus, with a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability. Similarly, with a disability of 40 percent, and another disability of 20 percent, the combined value is found to be 52 percent, but the 52 percent must be converted to the nearest degree divisible by 10, which is 50 percent. If there are more than two disabilities, the disabilities will also be arranged in the exact order of their severity and the combined value for the first two will be found as previously described for two disabilities. The combined value, exactly as found in table I, will be combined with the degree of the third disability (in order of severity). The combined value for the three disabilities will be found in the space where the column and row intersect, and if there are only three disabilities will be converted to the nearest degree divisible by 10, adjusting final 5’s upward. Thus if there are three disabilities ratable at 60 percent, 40 percent, and 20 percent, respectively, the combined value for the first two will be found opposite 60 and under 40 and is 76 percent. This 76 will be combined with 20 and the combined value for the three is 81 percent. This combined value will be converted to the nearest degree divisible by 10 which is 80 percent. The same procedure will be employed when there are four or more disabilities. (See table I).

They are speaking of whole numbers rounded to be divisible by 10. If the rounded up a 94.5% to 100%, i would be wary of being hit up for overpayment down the road, as that is a incorrect interpretation of the reg.

[vaf]

I don't mind being called out, but this is the way the VARO explained it to us years ago. Who knows what the reason is, I think I'll just be thankful for what we've got. It's been a few years now. No telling how the software the VA uses to compute this works, regardless of the written regs. They don't do this manually.

[vaf]

Besides, if the error is not of the veteran's making, and the VA is solely responsible, there's CAVC precedent on the books that says the vet is not responsible for the overpayment.