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Dmii From Oral Meds To Insulin. Should I File For An Increase?

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OldDave

Question

I am currently rated : IHD=60, DMII=20 and PN=40 (4X10). VA math puts that at 80%. I was put on insulin last month which can increase the DMII from 20% to 40%. The way I calculate the VA math that would put me at 84.25%. This I am sure the VA would round down to 80%. If I end up with the same 80% I have now, does it make any sense to file for an increase at this time? Or, should I wait until there may be something else for which I could file? Any suggestions would be appreciated.

Thanks,

Dave

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  • HadIt.com Elder

I would file for an increase. Have you had your legs checked out for poor circulation? You have a big worry with your feet. Is your IHD secondary to the DMII? Really it is your overall health you need to worry about unless you are still working. Do you get TDIU?

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Thanks to all for the good information. That would be good news if a 40% rating for DMII would boost my overall to 90%. My IHD and PN are both secondary to DMII. My PN exam was 3 years ago during my C%P. Back then, I wasn't having any symptoms. Now I do and am on gabapentin. I still work a little part time. I think when I do file, I'll file for increases for DMII and PN and file for TDIU.

Thanks Again.

Dave

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  • HadIt.com Elder

My take--right or wrong--

Ratings go in order from highest to lowest.

IHD 60% 60%

DMII 20% 20% of 40% = 8 % , if this were all, round up to 70%

Then the 10% 'ers get figured with the bi laterals.

This is how the VA would get to ~80% They might (should?) have not rounded the 8%, and left it in the calculation instead of the 10%,

until the others are figured as individual items, then rounded at the end.

(I never deciphered this exact combination of things, let alone adding in the bi laterals.)

Lets say that you were originally rated for just the IHD and DMII. (70%)

Then the other 10%'ers were awarded. Would the VA go back and re-rate the whole thing, or just use the 70% as the base to work from?

This is why things can get confusing, to say the least!

Edited by Chuck75
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My take--right or wrong-- Well, even incorrect usage of 4.25 and 4.26 can sometimes result in a correct answer due to rounding.

If there are no bilateral disabilities, your way is correct. However, if there is a partial disability ... from disease or injury of both arms, or of both legs, or of paired skeletal muscles, you must first apply 38 CFR 4.26 http://www.benefits....PART4/S4_26.DOC . 4.26 Lines 4 through 7 from the link directs that you do the bilateral calculations first.

4.26 then directs you to order the now-combined bilateral disabilities within the other non-bilateral disabilities and continue with Table 1.

The sequence should be:

Combine RL with LL in highest to lowest order

Add 10%, round to the whole number, ie., the integer

Starting with the combined bilateral disability, then combine all others from highest to lowest order.

Round down at 4, round up at 5.

They might (should?) have not rounded the 8%, Correct. If there is additional combining to do, you don't round.

Would the VA go back and re-rate the whole thing, or just use the 70% as the base to work from? When you wrote "re-rate", I take that to mean recompute. Yes, you do recompute using the original separate disability percentages and "fold in" the newly assigned percentage(s). If there is an increase in a rating, for example from 20% to 40% for DMII, you exclude the original 20% and include the 40%.

Recomputing is particularly important if the new disability falls under the bilateral factor.

My take--right or wrong--

Ratings go in order from highest to lowest.

IHD 60% 60%

DMII 20% 20% of 40% = 8 % , if this were all, round up to 70%

Then the 10% 'ers get figured with the bi laterals.

This is how the VA would get to ~80% They might (should?) have not rounded the 8%, and left it in the calculation instead of the 10%,

until the others are figured as individual items, then rounded at the end.

(I never deciphered this exact combination of things, let alone adding in the bi laterals.)

Lets say that you were originally rated for just the IHD and DMII. (70%)

Then the other 10%'ers were awarded. Would the VA go back and re-rate the whole thing, or just use the 70% as the base to work from?

This is why things can get confusing, to say the least!

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