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.

[jvretiredvet]

Again, you are getting too involved in semantics and placing too much emphasis on the single written word "bilateral". FWIW, under the Diagnostic Code (DC) 7819-5279, you do not have a 10% for the right foot and 10% for the left foot - you have a single 10%, whether the condition is right, left, or bilateral.

As for phlebitus are you saying that its considered bilateral even though I have it in one leg? Yes. Here are examples of the possible bilateral situations:

1. NOT Bilateral: A veteran is service connected for right hip, right knee, right ankle, right shoulder, right elbow, right wrist and right thumb.

2. Bilateral computation done: The same situation as #1 (veteran is service connected for right hip, right knee, right ankle, right shoulder, right elbow, right wrist and right thumb ). However, the veteran also is service connected for a left great toe condition. In this situation, although there are NO service-connected conditions which exist on both sides of the body, the bilateral factor applies. The evaluations of ALL of these conditions - right hip, right knee, right ankle, right shoulder, right elbow, right wrist, right thumb and left great toe - are combined and then the bilateral factor is applied.

3. Bilateral computation done: The same situation as #1 (veteran is service connected for right right hip, right knee, right ankle, right shoulder, right elbow, right wrist and right thumb). The veteran also is service connected at a single 10% for DC 7819-5279 (sounds eerily familiar, doesn't it?). The bilateral factor applies, because both feet are affected, even though only one 10% is assigned.

The bottom line in my mentioning all this is I want to find out what my raw score is that my 90% was computed from. I laid that out to you in an earlier post. Before you do any more computations, you really need to read 38 CFR 4.25 and 38 CFR 4.26; here is a link http://www.benefits....warms/bookc.asp .

As for the statement from a urologist that urinary incontinence may be caused by sacral nerve compression., I suggest that you ask your urologist to re-write the statement to read: It is as likely as not that Mr. ______'s urinary incontinence is caused by sacral nerve compression. An even better statement would be: It is more likely than not that Mr. ______'s urinary incontinence is caused by sacral nerve compression. Note: the above statement does not necessarily mean that the sacral nerve compression would be service connected.

jvretiredvet: So sorry for confusing you. I hope I can clarify a couple of items. I really appreciate your input. I went back to my original award letter from 30 years ago and it says diagnostic code 7819-5279 bilateral plantar keratosis, metatarsalgia 10%. I filed for increase in 2008 because of phlebitus and back conditions got worse and received increase from 40% to 90%. Urinary incontinence was mentioned in my documentation that I filed in 2008 but not claimed by me. In my award letter the VA said that in order for it to be claimed I needed to submit urological dynamics test results to file for it. In my pending claim I have submitted such files along with statement from a urologist that urinary incontinence may be caused by sacral nerve compression. As for phlebitus are you saying that its considered bilateral even though I have it in one leg? The bottom line in my mentioning all this is I want to find out what my raw score is that my 90% was computed from. If the radiculopathy was not considered bilaterally then I should have a few more raw points which helps if I want to get to 95.

[JeffSoCal]

jvretiredvet: Thanks so much. I went back and reread about bilateral factor and a light bulb went off!!! I was under the impression that to get bilateral factor for each condition it had to exist in both R and L extremities. I re did my computation by adding 40% for phebitus, 40 for R radiculopathy, 20 for L radiculopathy and the 10 for feet to come up with 74. 10% of that 7.4 added gives me 81. Then combined 81 with 40% for back gives me a raw 89 score which equals 89. I didn't see your earlier post that showed this but really appreciate all the help in explaining it. I feel alot better now about achieving my goal. I'm 64 still working but as soon as my claim gets settled (VSO) says they should start moving on it in 2-3 weeks because of 1 year anniversary then I' ll schedule by back surgery. I've thougth about SDI but you've got to be out of work for 5 months before collecting any thing and by then I'll almost be full retirement age so haven't gained anything.

Edited November 18, 2011 by JeffSoCal