Help In Finding Out Numbers Va Used To Compute Disability

[JeffSoCal]

I am 90% service connected and reopened my case 12/7/10 because of disabilities getting worse.

I'm 40% Lumbar Strain

40% Phlebitus

40% right lower leg radiculopathy

20% left lower leg radiculopathy

10 % bilateral metarsalia

Using VA calculator I come up with raw score of 86 which equals 90%.

I have a two part question. Shouldn't my radiculopathy be rated bilaterally because of

same condition in both legs. My award letter says nothing about the 40% and 20% being

bilateral. If it was my raw score would be now 88 which is still 90% but is closer to 95.

Who would I contact to find out what raw score the VA used to compute my 90%. And if they made

a mistake and didn't rate it bilaterally should I notify them since my existing claim is still in

development stage.

[Pete53]

Welcome to Hadit

[Gulfvet45]

I am surprised you do not have depression due to the pain.

I am 90% service connected and reopened my case 12/7/10 because of disabilities getting worse.

I'm 40% Lumbar Strain

40% Phlebitus

40% right lower leg radiculopathy

20% left lower leg radiculopathy

10 % bilateral metarsalia

Using VA calculator I come up with raw score of 86 which equals 90%.

I have a two part question. Shouldn't my radiculopathy be rated bilaterally because of

same condition in both legs. My award letter says nothing about the 40% and 20% being

bilateral. If it was my raw score would be now 88 which is still 90% but is closer to 95.

Who would I contact to find out what raw score the VA used to compute my 90%. And if they made

a mistake and didn't rate it bilaterally should I notify them since my existing claim is still in

development stage.

[JeffSoCal]

I do have depression because of the pain. I can't walk at all unless I'm full of Vicodin.

I didn't know I could claim it. I'm already claiming 10 differents things related to back and

bladder problems right now with current claim that is pending. I just hope that they rated me

bilaterally for the legs because with a raw score of 88 as opposed to 86 it would be easier to get over the

hump to the magical 95 score.

[jvretiredvet]

I think you are getting wound up by semantics. To answer your direct question, as I understand it::

Shouldn't my radiculopathy be rated bilaterally because of same condition in both legs. No, and you really do want each leg to be evaluated separately due to the wonders of the bilateral factor (38 CFR 4.26).

The Diagnostic Codes for lower extremity nerve problems (DC 8520 through 8540) are applied to EACH extremity separately. After all bilateral conditions are so combined under 38 CFR 4.25, the bilateral factor (38 CFR 4.26) is applied ONCE. Then, any other condition that are not evaluated as either right, left, or bilateral are combined.

While the Rating Schedule says that radiculopathy of each leg (or arm) is rated separately, foot conditions are, can be and sometimes must be rated as either right, left or bilateral. Find the Rating Schedule and look at the rules for DCs 5276 through 5279.

FWIW, I compute your raw score as 89, because the RLL radiculopathy, LLL radiculopathy, phlebitis, and metatarsalgia all contribute to the bilateral computation. Added: Then the back problem is combined.

Another item ... years ago, the Rating Schedule authorized a single evaluation for phlebitis, even if both legs were affected. The Rating Schedule changed (early 2000s?) that said each limb must be evaluated separately and the bilateral factor applied. The rating criteria for phlebitis-type conditions are in DCs 7114 through 7121.

I am 90% service connected and reopened my case 12/7/10 because of disabilities getting worse.

I'm 40% Lumbar Strain

40% Phlebitus

40% right lower leg radiculopathy

20% left lower leg radiculopathy

10 % bilateral metarsalia

Using VA calculator I come up with raw score of 86 which equals 90%.

I have a two part question. Shouldn't my radiculopathy be rated bilaterally because of

same condition in both legs. My award letter says nothing about the 40% and 20% being

bilateral. If it was my raw score would be now 88 which is still 90% but is closer to 95.

Who would I contact to find out what raw score the VA used to compute my 90%. And if they made

a mistake and didn't rate it bilaterally should I notify them since my existing claim is still in

development stage.

Edited November 17, 2011 by jvretiredvet

[JeffSoCal]

jvretiredvet: Boy you have me confused. I didn't list that my phelbitus was right leg only (40%) When I figured my numeral score I took my metarsalgia both feet (10%) bilaterally

which equals 19 plus 10% 1.9 = 21 Then 21 with 40% on combined ratings table equals 53. then 53 with another 40% equals 72. Then 72 with another 40% equals

83. Then 83 plus 20% equals raw score of 86 which gives me a rating of 90%. If bilateral factor is applied to my left and right radiculopathy this is how I would compute

it. 10 plus 10 equals 19 plus 40 equals 51 plus 51 plus 20% equals 61. Add 10% which equals 67. Now take 67 and combine it with 40% equals 80 combined with my last 40% equals 88 which converts to 90%. So I am better off have the legs rated bilaterally than not because I picked up 2 more points. With my case currently pending

in development state for 11 months now (claiming 10 new issues alot with spine i.e. peripheral neoropathy, neurogenic claudication, spinal stenosis, IVDS) it might be a

mute point. I would hate to come up with a final score of 94 because this was not counted as a bilater conditon.

[jvretiredvet]

Someplace on this forum are some rather detailed explanations on how the Combined Ratings Table and the Bilateral Factor are supposed to work. I suggest you search for them for review.

1. Boy you have me confused. Same here.

2. I didn't list that my phelbitus was right leg only (40%) Well, that's all academic because the evaluation of RLL phlebitis is computed using the bilateral factor if appropriate - which it is in this situation.

3. I took my metarsalgia both feet (10%) bilaterally which equals 19 plus 10% 1.9 = 21 I believe this is incorrect. The evaluation of metatarsalgia is - or should be - under DC 5279, which awards a single 10% whether the condition is unilateral or bilateral.

4. Then 21 with 40% on combined ratings table equals 53. then 53 with another 40% equals 72. Then 72 with another 40% equals 83. Then 83 plus 20% equals raw score of 86 which gives me a rating of 90%. Here is the mo' better way:

First, combine all conditions to which the bilateral factor applies:

40% for RLL radiculopathy with 40% for RL phlebitis = 64

Combine the 20% for LLL radiculapathy = 71

Combine the 10% for unilateral or bilateral metatarsalgia. = 74

Add the bilateral factor of 7.4 (74 x 10%) = 81.4, which is rounded down to 81

Then, combine all other disabilities to which the bilateral factor does not apply:

Combine the 40% for lumbar strain = 89 raw score, which is rounded up to 90%

As for some of your newly claimed conditions, the principle of pyramiding may apply. Although service connection for peripheral neoropathy, ......... spinal stenosis, IVDS perhaps might become service connected, it is unlikely that you'd receive separate evaluations for them because you are already service connected for a RLL and LLL radiculopathy and a lumbar back condition. The neurogenic claudication, if service connected, may or may not receive a separate evaluation but that would depend upon some other factors which are not apparent to me at this moment. Note: I am presuming that the peripheral neuropathy is of the RLL and LLL.

jvretiredvet: Boy you have me confused. I didn't list that my phelbitus was right leg only (40%) When I figured my numeral score I took my metarsalgia both feet (10%) bilaterally

which equals 19 plus 10% 1.9 = 21 Then 21 with 40% on combined ratings table equals 53. then 53 with another 40% equals 72. Then 72 with another 40% equals

83. Then 83 plus 20% equals raw score of 86 which gives me a rating of 90%. If bilateral factor is applied to my left and right radiculopathy this is how I would compute

it. 10 plus 10 equals 19 plus 40 equals 51 plus 51 plus 20% equals 61. Add 10% which equals 67. Now take 67 and combine it with 40% equals 80 combined with my last 40% equals 88 which converts to 90%. So I am better off have the legs rated bilaterally than not because I picked up 2 more points. With my case currently pending

in development state for 11 months now (claiming 10 new issues alot with spine i.e. peripheral neoropathy, neurogenic claudication, spinal stenosis, IVDS) it might be a

mute point. I would hate to come up with a final score of 94 because this was not counted as a bilater conditon.