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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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SP4RVN1971

Secondary To Dmii

Question

Iam waiting for VA to Rate my DMII. I know that the Peripheral Neurophathy is secondary to the DMII, but if the PN is starting to be a bigger problem in that the motor nerve, pains and lack of corordination. Does that become its on rating? Or do they increase the rating of DMII. which I can control my DMII with medicine and diet, and how do they rate PN? With this problem I am starting miss work and i could lose my ability work. I need my insurance to cover for my Prostate cancer from AO. Which Iam waiting for VA to make a decision on. I am all most 60 and dont want to quit work ,Should file for SS in case this probrem get worst?

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You get a separate rating on each limb.

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Does the bilateral factor apply to diabetic neuropathy? I am currently getting 20% for DMII with ratings for PN upper and PN lower deferred. My neurologist has diagnosed me with diabetic neuropathy. If the bilateral factor is imposed, then wouldn't a rating of say, 10% for each hand and each foot be calculated at 40%? Or would it be 20% and 20%? See example calculation in the following reg (Title 38, Part 4):

§ 4.26 Bilateral factor.

ret-arrow-generic-grey.gif top 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.

(b) 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.

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It is calculated for each limb and VA math is used. I got 10% for each limb and it does not amount to much since I had 70% already. I think it bummped me up to 80% including a rating for DMII. You are a victim of vanishing percentages as you get close to 100%.

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John 99

They gave me 20% each leg. My primary doc had some test done, and I think my rating will go up. With everything together they rated me at 260% and I know that only gives me 100%. fussy math :blink:

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