I tried using the VA calculator and adding my disabilities but I continuously came up with the low 80 percentile. I've read a little about Bilateral factor's but I still came up with a lower percentage. Is there any way I could find out which disabilities I have are considered bilateral? I'm concerned I will later be contacted by the VA and informed I was given the incorrect rating all along. I've tried to contact them and even spoke with a rep and discussed my calculations. He advised I should request a recount.
Here are my disabilities and ratings
patello-femoral syndrome, right knee
10%
tinnitus
10%
right shoulder chronic sprain (claimed as right shoulder impingement with pain)
10%
patello-femoral syndrome, left knee
10%
status post left shoulder SLAP tear repair and residual strain
20%
scars, left shoulder, status post surgery (painful)
20%
complications from nerve block, left shoulder girdle
40%
traumatic deviated nasal septum (claimed as nasal fracture with restricted airway)
10%
chronic lumbar strain (claimed as LB strain with LOS)
10%
chronic cervical strain (claimed as C-spine bulging disc with LOM and pain)
10%
I have a few rated at 0% but I don't see how it would change my rating. If anyone could help me calculate this correctly or advise which is considered "bilateral" it would be greatly appreciated. Thank you
These decisions have made a big impact on how VA disability claims are handled, giving veterans more chances to get benefits and clearing up important issues.
Service Connection
Frost v. Shulkin (2017)
This case established that for secondary service connection claims, the primary service-connected disability does not need to be service-connected or diagnosed at the time the secondary condition is incurred 1. This allows veterans to potentially receive secondary service connection for conditions that developed before their primary condition was officially service-connected.
Saunders v. Wilkie (2018)
The Federal Circuit ruled that pain alone, without an accompanying diagnosed condition, can constitute a disability for VA compensation purposes if it results in functional impairment 1. This overturned previous precedent that required an underlying pathology for pain to be considered a disability.
Effective Dates
Martinez v. McDonough (2023)
This case dealt with the denial of an earlier effective date for a total disability rating based on individual unemployability (TDIU) 2. It addressed issues around the validity of appeal withdrawals and the consideration of cognitive impairment in such decisions.
I met with a VSO today at my VA Hospital who was very knowledgeable and very helpful. We decided I should submit a few new claims which we did. He told me that he didn't need copies of my military records that showed my sick call notations related to any of the claims. He said that the VA now has entire military medical record on file and would find the record(s) in their own file. It seemed odd to me as my service dates back to 1981 and spans 34 years through my retirement in 2015. It sure seemed to make more sense for me to give him copies of my military medical record pages that document the injuries as I'd already had them with me. He didn't want my copies. Anyone have any information on this. Much thanks in advance.
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.
Question
Cobra4v
I had a previous claim and was rated at 90%.
I tried using the VA calculator and adding my disabilities but I continuously came up with the low 80 percentile. I've read a little about Bilateral factor's but I still came up with a lower percentage. Is there any way I could find out which disabilities I have are considered bilateral? I'm concerned I will later be contacted by the VA and informed I was given the incorrect rating all along. I've tried to contact them and even spoke with a rep and discussed my calculations. He advised I should request a recount.
Here are my disabilities and ratings
scars, left shoulder, status post surgery (painful)
complications from nerve block, left shoulder girdle
I have a few rated at 0% but I don't see how it would change my rating. If anyone could help me calculate this correctly or advise which is considered "bilateral" it would be greatly appreciated. Thank you
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