ptsd ? On Bilateral Math Need To Verify

[10thFO]

Since I can only find one example in the cfr38 that states that 10% bilateral you combine to 20% and take 10 percent which adds up to 21? does there 10% always equal a 1 added to the combination. Also if one had a bilateral of 40% +40% = 80%???? then add the 1 or would it be 4 for 10% of 40? If so then I think this will make sense from now on. I never could figure out before why they ran the percentages alway across the table. I can see now that if I'm 50% for PTSD and have 40%bilateral in both legs/feet, then even though it would equal 81 or 84 you would still use the 50 first then the 84/81 then the others such as 30,20, or 10.

If this is right, (I hope it is) then i apologize for asking, I tried the search function for bilateral and bilateral math, but go somekind of internal errors with the search. Thanks

[sixthscents]

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.

This comes stright from CFR 38 and can be found here...

http://frwebgate.access.gpo.gov/cgi-bin/ge...=1998&TYPE=TEXT

Also the index for this online version of CFR 38 can be found here:

select book I or II, and it will take you to the index for that book

http://www.access.gpo.gov/cgi-bin/cfrassem...gi?title=199838

Again..reference what we say....

So..as I understand it...a bilateral finding of 20% for each leg would result in a rating of 20%+20%, and then a 10% of this value combined. That being 10% of the bilateral value..or individual value...so this would amount to 42%..the important word being added, not combined so as to indicate only ONE of the two factors is multiplied by 10%, and then added to the combined rating.

Now I have not had to deal with this factor...so if I am wrong PLEASE correct me, but this is how I interpret this....and of course there is the reference.

Bob Smith

[sixthscents]

Oh, to further clarify,...

If a bilateral rating when combined and added was the largest rating then I would think that this ...(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)

So, if the bilateral factored injury is the most severe/largest, it is used first in the calculations for total percentage, then the next most severe etc etc..

Bob

[sixthscents]

Oh, and the table and guidance for all rating calculations is here:

http://frwebgate.access.gpo.gov/cgi-bin/ge...=1998&TYPE=TEXT

Its a bit convoluted, but the table works both ways if you add the highest from the top to the side, or side to the top....

In your particular instance 40&+40% bilateral should be 84%, then with a 50%

starting at the left side of the table at 84% and sliding across to 50% going down we see...92%

and if we do the math ourselves...84% x 100 = 84

and 50% x 16 (the remaining health points) = 8

adding the point together is 84 + 8 which equals 92....

so it works.

Bob

[10thFO]

Alright Bob,

Thanks a lot. That was the road I was coming to, but was having a hard time justifying my thinking. Thanks for the links and thanks for the time.

Rob