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Calling all Bilateral Rating experts

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BWA1544

Question

You all have been so helpful as I help my husband navigate the disability claim process. As I've learned more about the bilateral rating factor, now I am questioning if his rating of 50% awarded back from 2005 was calculated properly. Can you kind folks help me understand if the below ratings should be 50% or 60%? Do any of the ratings qualify for the bilateral factor?

Shrapnel, right foot 0%
Tinnitus 10%
Shrapnel, left foot 10%
shrapnel, right hip 10%
shrapnel, right thigh 10%
shrapnel, right buttock 20%
shrapnel, left buttock 0%
bilateral hearing loss 0%
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Hello again. Right foot was just rated at 30%. I thought for sure with that high of rating, it would bump my husband over 100% especially with the bilateral factor.

Can you please review the summary below and let me know what are you coming up with? I mean, I literally refreshed ebenefits 20 minutes ago and this wasn't there, now it there rated at 30%. Could it be that ebenefits is not fully updated and it will be 100% once they update rest of profile? I'm holding out hope that is the case...look forward to hearing from you and what total rating you tally up. 

As always, we appreciate your insight and quick responsiveness! 

 

         
Disability Rating Decision Related To Effective Date
residuals, shrapnel wound, right foot, MG XI 30% Service Connected   3/26/2018
irritable bowel syndrome (IBS) 10% Service Connected Environmental Hazard in Gulf War 7/6/2018
tinnitus 10% Service Connected   3/21/2005
residual shrapnel wound, left foot, MG XI 10% Service Connected   3/21/2005
residuals, shell fragment wound, right hip, MG XVI 10% Service Connected   3/21/2005
residuals, shell fragment wound, right lateral thigh, MG XIV 10% Service Connected   3/21/2005
patellofemoral pain syndrome, right knee (claimed as right knee condition)  10% Service Connected   3/26/2018
fibromyalgia   Not Service Connected Environmental Hazard in Gulf War  
residuals, shrapnel wound, right buttock, MG XVII 20% Service Connected   3/21/2005
residuals, shrapnel wound, left buttock MG XVII 0% Service Connected   3/21/2005
posttraumatic stress disorder with traumatic brain injury (PTSD/TBI) 70% Service Connected PTSD - Combat 3/26/2018
gastroesophageal reflux disease (GERD)   Not Service Connected    
bilateral hearing loss   Not Service Connected    

 

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I still see you at only 90%.  I would definitely apply for TDIU, it pays at the 100% rate.  I would also try to appeal some of the low ratings.  You will be getting a statement of case and have the right to file a notice of disagreement (NOD).

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Hello BWA1544,

I am curious about the fibromyalgia......this condition is presumptive for Gulf War veterans.

https://www.publichealth.va.gov/exposures/gulfwar/fibromyalgia.asp

Is your husband a Gulf War vet?  Does he have a current diagnosis of fibromyalgia? If yes to both, then it absolutely should be service connected.

 

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