bilateral ratings

[conla]

Can bilateral ratings be combined to qualify for the 100% TDIU requirements? I have 80% disability overall rating but my highest single rating is 30%. I have a bilateral rating that is 20% left hand, 20% right hand, 20% left foot and 20% right foot for Peripheral Neuropathy. I was told by Hill & Ponton that the bilateral ratings could be combined to get to the required single rating. Does anyone know if this true or not?

[pwrslm]

The way I under stand it, using VA Math still, all the bilateral % will be processed first before anything else, then they add 10% to that. After that they go from high to low rating on everything else.

 

20 LUE (leaves 80)=20%

20 RUE(leaves 64)= 36%

20 LLE (51.2)=48.8%

20 RLE (40.96)=59.04%

+10%=(ADD 5.904)=64.944% total disability w/bilaterals

This leaves you at 65%/paid at 70% if you dont have any other SC condition. 

[Buck52]

Yes its true Hill & Ponton are very respected veterans attorneys.

and also after they are combined they  take the severity of the condition or conditions and rate by that.

If you have a 20% and they add all the others  in your case 80%

 between 1-10 If the combined ratings are under 04  then it goes back to the lower rating and if 05 they go to round off to the next higher #

if any of these condition keep you from working? apply for the IU & SSDI

Also if any of these S.C. Conditions you have been S.C. For  Do any of them cause you '' Loss of Use'' they factor that in while applying for IU.

You may have a chance at SMC S House Bound  which pays an additional 300.00 monthy on top of the 100%  plus certain higher amounts for dependents  spouse children & even parents living with you.

Always add in your 0% S.C. Too  if you get three or more 0% S.C. Conditions that will give you a  extra 10% 

File a FDC Claim today!!   sooner the better.

Edited October 4, 2017 by Buck52

[conla]

pwrslm, I think you are misunderstanding my question. I understand how the rating table figures the overall rating. I have an overall rating of 80% but I don't have a single rating of 40% or higher to meet the TDIU requirements. I do however have a single rating for Peripheral Neuropathy and it is rated bilaterally as follows: 20% left upper,20% right upper,20% leftlower And 20% right lower. Hill & Ponton told me in order to reach the requirement of one SC disability of at least 40% or more, that they would be able to combine the four 20% ratings to get the required 40% or more rating. If anyone understands this and knows if it is true or not please reply.

 

[pwrslm]

You might need to ask for an extra scheduler exception. 

http://helpdesk.vetsfirst.org/index.php?pg=kb.page&id=2813

38 C.F.R. section 3.321(b)(1) provides an alternative method of referring a case for extraschedular consideration when a claimant demonstrates an "exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of regular schedular standards."  Extraschedular consideration under section 3.321(b) is not the same as TDIU under section 4.16(b) because sections 4.16(b) and 3.321(b)(1) are not interchangeable.  See Kellar v. Brown, 6 Vet. App. 157, 162 (1994) ("the effect of a service-connected disability appears to be measured differently" by the two regulations).  Section 4.16(b) requires evidence of unemployability, while § 3.321(b)(1) requires only "marked interference with employment," which is a somewhat less severe standard.  See Thun v. Peake, 22 Vet. App. 111, 117 (2008); see also Stanton v. Brown, 5 Vet. App. 563, 564-70 (issue of extraschedular rating is separate from issue of TDIU rating).  In other words, a claimant need not demonstrate total unemployability to obtain a section 3.321(b) extraschedular disability rating.

[conla]

pwrslm, thank you for the advise and link. It is good info to be considered. Although it doesn't answer my unique situation of combining four ratings of one illness. Again if anyone has experience with this situation in particular, please respond. Again pwrslm thank you for your assistance .

[conla]

Buck52 I understand that Hill & Ponton are very respectable attorneys but the contract they sent me is very concerning to me. Besides the percentage they require up front, it seems to me they are requiring me to (in essence)  sign a blank check for out of pocket expenses. I understand they will have expenses for getting documents and other fees but it does concern me when they can turn my case over to other attorneys and those attorneys fees come out of the out of pocket expenses. I could end up owing other attorneys more than I would owe Hill & Ponton. If anyone has had their case handled under this contract please let me know how big of a hit in out of pocket fees you had to pay.