from 92% to 100%

[fmfdoc]

I have a VA Math question. Currently, I am at 92.34 and getting paid for 90%. Assuming I receive 30% more that would put me at 94.64

Question: does the rating of 94.64 launch me to 100%?

 

[Vync]

7 minutes ago, Navy4life said:

Vync;

Are you saying the above is "three" different disability ratings for three individuals? 

Thanks for correcting my math.  I see that I accidentally used the 20 instead of the 10. At least I now know how to read that blasted table.

No, it is for me. The first was my initial rating. The other two are "what if" ratings. I think the VA screwed up one of my initial 10% ratings. If I can get it fixed, I wanted to verify that it might result in a 50% or 60% rating, depending how the rating is increased. I have a couple of other topics where I am talking about it, so I'll keep the discussion over there.

[Navy4life]

Just now, Vync said:

Thanks for correcting my math.  I see that I accidentally used the 20 instead of the 10. At least I now know how to read that blasted table.

No, it is for me. The first was my initial rating. The other two are "what if" ratings. I think the VA screwed up one of my initial 10% ratings. If I can get it fixed, I wanted to verify that it might result in a 50% or 60% rating, depending how the rating is increased. I have a couple of other topics where I am talking about it, so I'll keep the discussion over there.

Keep in mind if you get additional disabilities awarded they will be added to your ratings and the higher ones go first and so on and so on.....

 

[Guest]

Now to really confuse you and mess with your mind would be the bilateral  factor.  So to make things plain I will post the regulation.  I couldn't make this stuff up if I tried.

38 CFR 4.26 The 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.

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

 

[Navy4life]

Ha! Ha! Ha! Pete...You are right we can't make this stuff up!  Thank you though for posting this because I was just wondering how that would come into factor.  So the highest rating disability is ALWAYS first, then the bi-laterals, and so on and so on...

So to confuse it even more, Does the bi-lateral come into factor for ankles?  I am curious b/c if I get my right ankle S/C, I already have my left ankle now, so I would assume this would be a bi-lateral rating?  Curious...

Example:

So if I have bi-lateral ankles (10/10) = that equals 19% + 30% = 43%; 43%+305 = 60%; 60%+10%=64%; 64%+10% = 68% (rounded to 70%) would that be correct????

Edited January 22, 2016 by Navy4life

[Guest]

26 minutes ago, Navy4life said:

So if I have bi-lateral ankles (10/10) = that equals 19% + 30% = 43%; 43%+305 = 60%; 60%+10%=64%; 64%+10% = 68% (rounded to 70%) would that be correct????

Close, you always start with your highest ratings and the bilateral are added and then you continue with your other disabilities and round up or down at the end. 

30+30=51; 51+20=61; 61+10=65; 65+10=69 and then you round to 70%.

The 51+20 (10+10)=61 is the bilateral factor

Edited January 22, 2016 by pete992

[green]

Unless the bilateral combined rating is highest than it becomes the first rating and non-bilateral ratings follow in order of highest to lowest %