Bilateral Factor

[jalexand]

After years of never having even looked at my original Medical ratings factors stemming from my service in the USMC during Vietnam, both my medical record from the Department of the Navy, which resulted in my permanent retirement and my original original VA award letter, which actually reduced my disability rating from 100% to 90%, I have become involved with the VA again in a claim under the proposed Agent Orange rule covering Ischemic Heart Disease. While it appears to me from reading thru many posts on this web site that some have been able to determine the exact way in which their ratings were determined, using the Combined Ratings Tables, I have no such information.

When I was looking thru the USC Combined Rating Tables, I came across secton 4.26 which discusses the "Bilateral Factor" and frankly while it is a little confusing, I think I understand how to use it with regard to determining the use of it with the Combined Rating Tables. But in my case I am wondering if it applies?

The jist of it is the Bilateral Factor was used by the Department of the Navy when they reached a determination of a 40% disability and here is how it appears:

(1) Unfit to perform the duties of your rank because of physical disabiltiy

1. Mulitiple wounds, fragment, buttocks, arm, right leg, bilateral, abdomen, #9060,

2. Fracture, distal tibia, left healed, #8230,

3. Neuropath, traumatic, common peroneal and posterior tibial nerve, left, mixed, motor and sensory iincomplete mild, #9569,

4. Wound, perforating, colon and bladder, #8680;

(2) That such disability was incurred while entitled to receive basic pay;

(3) That such disability is not due to the intentional misconduct or willful neglect and was not incurred during a period of unauthorized absence;

(4) That such disability is the proximate result of active duty;

(5) That such disability is ratable as follows:

VA Code 8522 10%

VA Code 8521 20%

VA Code 7805 0% right and left legs

28

Bilateral Factor 2.8

30.8

VA Code 7517-7512 10%

38 = 40%

(6) That accepted medical principles indicate that such disability "is" permanent.

The findings of the letter I received from the Veterans Administration (now the DVA) were as follows:

Your disabiltities are evaluated as follows:

40%, For wounds, left buttock and thigh, Muscle Group XVII.

40%, For multiple wounds of the left leg and foot with neuropathy, common peroneal and posterior tibial.

40%, For wounds, right buttock, Muscle Group XVII.

30%, For wounds of the right arm and elbow fracture.

0%, For adhesions because of laceration of colon and residual of close colostomy.

0%, For laceration of bladder.

0%, For healed scars from your right thigh donor site.

The combined rating is not arrived at by adding the percentages of your disabilitites, but is computed in accordance with

a combined ratings table.

So finally my question. Considering the 40% ratings for wounds to left and right buttock, Muscle Group XVII, would not my VA disability compensation calculation

require the use of the "Bilateral Factor" as determined by section 4.26 of the code? Certainly the Bilateral Factor was used by the Department of the Navy when

they made their calculations.

[vetquest]

I also come up with your current disability rated at 87% which goes to 90.  When I add in a separate 60% I see you going to 100%

The best way I can suggest that you see what your rating would be is to ask the VA for a reading of your percentages broken down.  I do not know if they will do this but you can try.

[Doc8482M8404]

only because this post has both 8521 & 8522.  Can you be rated for 8520, 8521, 8522, 8523, 8524 and 8525 and bilateral factor for some or all?  My NEXUS only has 8520 @ 60% but i reading EMG I'm seeing that there are also other ratings that it seem like I should be rated foursome or all of them. 

thanks

[chr49]

Your disabiltities are evaluated as follows:

40%, For wounds, left buttock and thigh, Muscle Group XVII.

40%, For multiple wounds of the left leg and foot with neuropathy, common peroneal and posterior tibial.

40%, For wounds, right buttock, Muscle Group XVII.

30%, For wounds of the right arm and elbow fracture.

0%, For adhesions because of laceration of colon and residual of close colostomy.

0%, For laceration of bladder.

0%, For healed scars from your right thigh donor site.

The combined rating is not arrived at by adding the percentages of your disabilitites, but is computed in accordance with a combined ratings table.

______________________________________

jalexand

Assuming that the above list is your entire list, and your current rating is 90%, it appears that the bilateral factor was used. I ran your ratings thru the bilateral calculator (Hadit search for 'bilateral calculator') and received the following results:

Bilateral

Muscle Group XVII (L/40) + Muscle Group XVII (R/40)= 64

Combined Bilat. Percentage 64 + 10% = 70.4

Bilateral Percentage Rounded 70

Non-Bilateral

Bilateral Percentage (70) + Wounds L leg/foot (40) = 82 + Wounds R arm/elbow Fx (30) = 87

Bilateral & Non-Bilateral Combined 87% with final Rating 90%

[chr49]

Please accept my apology. I didn't read your other post before replying and I didn't run your disabilities thru without using the bilateral factor. If I had done so I would have understood your concern immediately, since you receive 90% as an end result with either computation. I'm sorry I wasn't helpful in your situation.

Edited July 17, 2010 by chr49

[jalexand]

Please accept my apology. I didn't read your other post before replying and I didn't run your disabilities thru without using the bilateral factor. If I had done so I would have understood your concern immediately, since you receive 90% as an end result with either computation. I'm sorry I wasn't helpful in your situation.

Thanks, yes if I run my rating using the Bilateral I end up at 88% (=90%) and without it at 87%. (=90%) This will make a big difference if I get rated at 60% with my IHD AO Claim, as with a start of 88% I end up at 95% (=100%), but if I start with the 87 I will end up at 94% (=90%).

This is why I am trying to find out if anyone actually has seen their actual rating on any VA Documents? Like I said in my original post all I got was a list of the various ratings and was told it equaled a 90% overall rating. I would like to know whether the VA is considering the Bilateral as a factor in my rating or not? And, of course if not then why not?

Is there any way I can find out from the VA how my acutal rating is being figured?

Jim