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

[Andyman73]

Gastone,

I'm actually only at 60%, (64). I erroneously put my straight rating on there, and keep forgetting to fix it. Will do that ASAP! I was originally rated 10% bilateral, then it was just changed, recently due C&P for increase. Ebenefits still shows it, on the top of my disability list, and at the bottom 10% for each knee. According to the CFR 38 4.26 it should be 20% bilateral, then.

I am currently under the microscope for a L foot condition, to include plantar fasciitis. I certifiied mail my evidence on Monday with guarentee receipt of yesterday. Ebenefits shows status changed to under review.

Semper Fi.

Andy

[Gastone]

Just a thought regarding E Bennys. The info available has increased significantly over past year or so. Since I got IU mid 14, I don't spend a lot of time on it. However, as I recently recall, doesn't it just list your SC & their actual %? I really don't think you'll see anything about the "Bilateral Factor" mentioned. You probably only see it in the actual VA Award Letter.

It would seem, from a layman's perspective, that any VA Rater would be able to identify a SC requiring a "Bilateral Factor" in the rating decision. A Vet having to point it out to the Rating Dept? Seems like "Bilateral" & "Pyramiding" would be VET Rater 101. My understanding is, 2 10's=21, 2 20'=41, 2 30's=61 and so on. Looks like a Vet would need 5 "Bilaterals" to actually affect the final round-up of his SC Rating.

Semper Fi

Gastone

[Andyman73]

Gastone,

Actually, sir, I think your math is good, on the bilater factor, and for me, it is all that is standing between my 60 and 70% comp rate. And my eBenefits does show it as a bilateral patellafemoral knee syndrom. And it still lists it as such, with the 2 additional 10% for each knee. Which I find quite curious. So, I just wait and see what shakes down from my IRIS email.

Semper Fi

Andy

[Andyman73]

Any idea on how long I should wait before I check back on this?

[Buck52]

CFR's38

§4.26 Bilateral factor.

When a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this value will be added (i.e., not combined) before proceeding with further combinations, or converting to degree of disability. The bilateral factor will be applied to such bilateral disabilities before other combinations are carried out and the rating for such disabilities including the bilateral factor in this section will be treated as 1 disability for the purpose of arranging in order of severity and for all further combinations. For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 percent (the two 10's representing bilateral disabilities), the order of severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.

(a) The use of the terms “arms” and “legs” is not intended to distinguish between the arm, forearm and hand, or the thigh, leg, and foot, but relates to the upper extremities and lower extremities as a whole. Thus with a compensable disability of the right thigh, for example, amputation, and one of the left foot, for example, pes planus, the bilateral factor applies, and similarly whenever there are compensable disabilities affecting use of paired extremities regardless of location or specified type of impairment.

(b) The correct procedure when applying the bilateral factor to disabilities affecting both upper extremities and both lower extremities is to combine the ratings of the disabilities affecting the 4 extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, 10 percent of the combined value thus attained.

© The bilateral factor is not applicable unless there is partial disability of compensable degree in each of 2 paired extremities, or paired skeletal muscles.

This might help!

.............Buck

Edited June 2, 2015 by Buck52

[Andyman73]

Buck,

Yah, that's what I went off of. My SCDs are listed with the 10% bilateral one first. Since it was previously a bunch of 10s, the bilateral one stands on top. But now my back is 40%, but it still lists the 10% bilateral one first. And it shows 2 individual 10s for each knee, which are the newest. According the my fuzzy logic that would either be a 21% or 30% bilateral rating. 10+10=19+1.9=21, or 10+10+10=27+2.7=30, right?

Andy