BILATERAL FACTORS

[gousto0731]

RT. Shoulder 20% caused secondary Lt. Shoulder injury 20% and secondary bicep injury of 10% and 10% for  rt. clavicle  and 10% for scar

for some reason this feels like more than 50%

[Carl the Engineer]

Your math would seem correct at 60%.  Not sure why you are only at 50%.  Call Betty and ask.

20+20+10=42

42+10% bilateral factor = 46.2 rounded to 46

46+10=51

51+10=56

56 rounded up to 60

60%

I did not include you clavical in the bilateral and I could be wrong on that.  But that would only make the number bigger.

Anyway, your are correct and you are not rated  correctly by the info you have given us.

Did this just happen and could the fix be in the works yet?

Hope this helped,

Hamslice

 

[gousto0731]

          

I have a little more info

                                                                        REASONS FOR DECISION

1. Service connection for status post left shoulder rotator cuff repair (previously denied as left shoulder degenerative joint disease and left biceps tenodesis) as secondary to the service- connected disability of right acromioclavicular separation with and impingement syndrome.
Service connection for status post left shoulder rotator cuff repair (previously denied as left shoulder degenerative joint disease and left
Biceps tenodesis ) is granted with an evaluation of 10 percent effective 2012. An evaluation of 20 percent is granted effective 2015.
This is considered a full grant of benefits sought on appeal.
Although the VA examiner opinioned that your current left shoulder condition was unrelated to your contention of overuse due to your service connected right shoulder injury, your VA treatment reports previously indicated that your left shoulder injury was likely due to overuse and your treating orthopedic provider also reference your previous MRI results and right shoulder history in finding that he was 100 percent certain that it was secondary to favoring the right shoulder. Therefore, the preponderance of evidence  indicate that your left rotator cuff tear was due to your service-connected right shoulder disability.
2. Service connection for surgical scar, left shoulder ,residual of left rotator cuff repair as secondary to the service-connected disability of status post left shoulder rotator cuff repair.
Service connection for surgical scar, left shoulder, residual of left rotator cuff repair has been established as related to the service connected disability . 0%
3.The evaluation of right acromioclavicular separation with arthritis and impingement syndrome, which is currently evaluated 20 percent disabling, is continued from  2015, the date of the VA examination confirming range of motion findings warranting a 20 percent evaluation. A separate 10 percent evaluation also is assigned for right clavicle deformity 2015, the date of the VA examination
Showing chronic deformity of distal clavicle which does not affect range of motion. The separate 20 and 10 percent evaluations assigned for your right shoulder disability combine to a 30 percent disability for right shoulder and constitute a full grant of benefits sought on appeal as your combined right shoulder evaluation is no longer being reduced.

 

I don't know what to do, if there someone out their who can write a reply for me I will be greatful  because when

talk to the VA everything I say gets lost in translation

[Carl the Engineer]

OK, that makes sense now.

They lumped your right shoulder stuff together and your left shoulder stuff together.

30+20=44+10% (bilateral factor) =48.4 rounded down to 48 rounded up to 50%

Seems to me that they are including your bicep in with your left shoulder at 20% total.  You got 0% for your left rotator cuff and scar.

Looks to me like you won at least two denials on appeal and an increase for you right shoulder.  Which is three wins and not a bad thing.

Not sure where (what %) you were when you started your appeals and request for increase, but this should be more.

50% is one of the big steps in VA comp.  10 (you're in) 30 (health benefits),50 (concurrent receipt),70 (some states have bennies) and 100 (dependent healthcare +++).

Keep plugging away.  If you think one of your ratings was short, you can take it farther, but I'm no expert there.  Maybe someone can chime in with what the next step is if you don't except the appeal results.

Hamslice