Draft Submission To Chairmans Veteran's Affairs

[RockyA1911]

OK, I drafted the details that I will send to both the House and Senate Chairmans for Veterans Affairs. And Vike I tried the Compensation and Pension place last year, they are the ones that told me I had to send request for correction of errors in Federal Regulations to the Government Printing Office. I'm going to send an info copy to my Senator Barrack Obama also.

I will also prepare a cover letter for this enclosure.

"

Under the provisions of Diagnostic Code 5296, loss of part of

the skull with brain hernia warrants an 80 percent

evaluation. A 50 percent evaluation is the highest rating

available when there is loss of part of the skull without

brain hernia. A 50 percent evaluation contemplates an area

larger than size of a 50-cent piece or 1.140 in2 (7.355

cm2). Intracranial complications are rated separately.

38 C.F.R. Part 4.

Sec. 4.71a Schedule of ratings--musculoskeletal system.

The Skull

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Rating

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5296 Skull, loss of part of, both inner and outer tables:

With brain hernia............................................. 80

Without brain hernia:

Area larger than size of a 50-cent piece or 1.140 in \2\ 50

(7.355 cm \2\).............................................

(correct to read “1.140 in \2\ (2.90 cm \2\)”

Area intermediate........................................... 30

Area smaller than the size of a 25-cent piece or 0.716 in 10

\2\ (4.619 cm \2\).........................................

(correct to read “ 0.716 in \2\ (1.82 cm \2\)”

Note: Rate separately for intracranial complications.

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http://a257.g.akamaitech.net/7/257/2422/12.../38cfr4.71a.htm

Effective March 10, 1976, the rating criteria contained in

Diagnostic Code 5296 of the VA's rating schedule were changed; this

resulted in the elimination of the requirement that for a 50 percent

evaluation the skull loss had to be greater than 2 square inches.

The result of the change effective March 10, 1976, was that the

sole requirement for granting a 50 percent evaluation for skull loss

Was that the area be larger that the size of a 50-cent piece or 1.140 inches \2\.

Cite Metric Conversion Table http://www.sciencemadesimple.com/length_conversion.php

1.0 inches is equal to 2.54 centimeters (Correct conversion equivalent)

50% Evaluation conversion error:

1.140 inches is equal to 2.90 centimeters (Correct conversion equivalent)

7.355 centimeters is equal to 2.90 inches (Correct conversion equivalent)

It appears the error occurred while converting 1.140 inches into metric equal to

2.90 centimeters. A human error then occurred by converting incorrectly 2.90 inches instead of correctly 2.90 centimeters and thus 2.90 inches became 7.355 centimeters (Huge error). The common denominator is 2.90. 2.90 centimeters being 1.140 inches and 2.90 inches being 7.355 centimeters.

10% Evaluation conversion error:

.0716 inches is equal to 1.82 centimeters (Correct Equivalent Conversion)

4.619 centimeters is equal to 1.82 inches (Correct Equivalent Conversion)

It appears the error occurred while converting .0716 inches into metric equal to

1.82 centimeters. A human error then occurred by converting incorrectly 1.82 inches instead of correctly 1.82 centimeters and thus 1.82 inches became 4.619 centimeters (Huge error). The common denominator is 1.82. 1.82 centimeters being .0716 inches and 1.82 inches being 4.619 centimeters.

The CFR 38, 4, 4.71a diagnostic code 5296 is gregarious and greatly impacts the VA adjudication of claims. This is because someone got confused and got inches mixed up with centimeters when calculating metric to US measurements and vice versa. It is undebatable as to how this error occurred.

As the current evaluation criteria stands it is definitely in conflict with the 1976 change eliminating the previous 50% evaluation criteria of 2 square inches to 1.140 inches. The centimeters listed currently even exceed the previous 2 square inches when accurately converted to inches as I have proven.

Remedy: Correct the evaluation measurements so the centimeters printed are actually equal to the US inches.

Request_Correction_to__Diagnostic_Code_5296.doc