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Single Disease Rule

john49

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john49 Apprentice

john49

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Would some of you check my math to see if I'm applying the rule for "disabilities arising from a single disease entity" correctly? I have ratings of 50, 30, 20, 10, 10, 10, 10. The VA says my total rating is 80%. By applying each rating separately to the table it comes out at 82 and gets rounded down to 80%. They did not consider that the 20 and 3 of the 10's are from a single disease entity. My calculations show using the rule that the table provides an 85 which would get rounded up to 90%. Am I correct?

I have several other issues with my latest decision letter but before contacting them I wanted to check my math.

Thanks for your help.

John

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georgiapapa
georgiapapa

No problem. We have all been wrong at times. 38 CFR part 4 can be confusing and difficult to understand. Remember, the old saying "the only dumb question is the one you don't ask." Good luck to

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georgiapapa Veteran

georgiapapa

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John,

Prior to your post I don't recall seeing or hearing any reference to a "single disease" condition and I am definitely not an authority on 38 CFR part 4. However, based on what I read in 38 CFR part 4 on the application of conditions classified as "single disease" is they are to be rated separately as are all other disabling conditions and then all disabilities are to be combined as described in the combined ratings table. Unless the bilateral factor applies to some of your conditions, I believe the correct calculation for your combined disabilities to be an 82 rounded down to an 80% combined rating.

I might be totally off base and I hope others will correct me if I am wrong. For your sake I hope you are right.

Good luck to you and thank you for your service.

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Vync Grand Master

Vync

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Are you sure that you are not confusing this with the pyramiding rule?

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john49 Apprentice

john49

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Well I hate to admit it but I was totally wrong! After reading the regs about 4 times and giving it more thought I see where I made my mistake. The VA was correct in assigning 80%. Sorry to lead everyone on a wild goose chase and thanks everyone for your comments and not calling me a dumb a--.

John

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georgiapapa Veteran

georgiapapa

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No problem. We have all been wrong at times. 38 CFR part 4 can be confusing and difficult to understand.

Remember, the old saying "the only dumb question is the one you don't ask."

Good luck to you.

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