Bilateral Dropped After C&p, Can They Do This?

[Andyman73]

After a recent C&P for increase for my bilateral patellafemoral pain syndrom, I was awarded a 10% rating for each L and R knee individually. Then they dropped the 10% bilateral. Can they do this? Shouldn't this be a 20% bilateral rating?

Andy

[Navy4life]

I don't think you can have both...meaning you can't have a single disability rating for L/R knee and have a bilateral for the same disability...You have to have one or the other. The question is which is better for you?

I am sure someone with a bit more knowledge will come along and assist....

[Andyman73]

That's why I put it out there, hoping someone with a big brain and intimate knowledge has an answer. Kinda strange, tho, my eBennies still shows both the bilateral rating and the 2 single ratings.

[saints13]

You are suppose to have the bilateral factor. At first I didn't until I requested it. My next claim I asked for bilateral factor and it was granted.

Maybe they messed up due to trying to clear the claims. Should be an easy fix, maybe an IrIS complaint but make sure you put in your reference number that is listed on your letter. Or call the toll free number and request a call back from the RO office, specifically the rater and give them the reference listed on letter

10% + 10% is only 19 if not bilateral

10%+10% plus bilateral factor is 21

If have multiple conditions those 2 extra points count!!!

[Andyman73]

That's kinda what I thought, saints13. Way back when, the original award was stated/listed as a bilateral factor rating.

[Andyman73]

Ok all,

I just IRIS'd them, asked what's up, stated what the CFR 38 4.26 has to say about bilateral factors...so, now I wait.

Semper Fi

Andy

[Gastone]

My past research goes with Saints' post regarding the 21% if rated Bilateral. Your at 80% so neither the 19 or 21% will get you to 85+ needed for 90% SC rating. Are you actually 75+ or 80 (1-4%) rounded to 80% SC? Remember, your SC% only get rounded once. Hard 80 needs a 30-50 for 90.

Could it be, VA raitng Dept made an error, unbelievable. You might want to try the VA's new official "Request for Reconsideration." If your Rep'd by a VSO, get a Honcho at the VSO's main VARO Office to get involved. It might be as simple as the VSO Rep walks down the hall for a discussion with the original rater or not. At your current 80%, I don't see any retro $$, you might want to concentrate on your other SC conditions as far as worsening or causing secondary SC conditions. Any new DX's since your SC's were DX'd?

Semper Fi

Gastone