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Bilateral Factor/single Disease Entity

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pat100

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Hello All:

I need help computing the bilateral factor. I have read 4-25 Combined Rating Table until I am brain dead. I'm normally good at military/va regs but for some reason I am having problems with this. Please do not only quote the regs because this will not help me.

My husband who is a 21 year navy retired vet, was awarded 100% sc for stage 3b cancer in April of 2006. This week we recieved notification that the Va is proposing to drop his cancer disability from 100% to 60% with an overall rating of 90%. Since it has been over 6 months since his last chemo treatment, the Va can re-eval and lower his cancer percentage. But I need to know if their math is correct. The following is a list of his disabilities:

Colon cancer: 60%

Depression : 30%

Neuropathy Rt hand: 10%

" Lt hand: 10%

RT Foot: 10%

Lt Foot: 10%

Scars Colon Surgery: 10%

Port a cath implant: 10%

The above listed disabilities are all arising from a single disease entity i.e. colon cancer. The Neuropathy should be computed as bilateral four estremities per 4.26 bilateral factor.

He also has received awards not related to the cancer and they are as follows:

Asthma: 30%

Reflux: 10%

Hypertension: 10%

I love Va Math which in my husband's case 200%=90% combined rating. Anyway if someone a lot smarter than me could double check the va math using the bilateral factor for four extremities per 4.26 it would be most appreciated. And how does the single entity come to play into computation?

At this point we don't know what to do. Is their math correct? Should we appeal (They keep requiring the same c&p exams over and over ie 3 colon exams within one year and my husband is getting upset with all the bull) or should he just put in for unemployability? He put in for unemployability in 2006 but it was drop without a decision because they awarded him the 100%. I feel that we shouldn't do anything until we know if their computations are correct so if someone could double check their figures and show me how you did it, it would be greatly appreicated.

Thank You,

Pat

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  • HadIt.com Elder

Colon cancer 60%

depression 30%

Asthma: 30%

bilat. hand 22%

bilat foot 22%

status post scar 10%

Port a cath implant: 10%

Reflux: 10%

Hypertension: 10%

Total 92.17*

*rounded down

= 90% for VA rating math

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