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Combined vs Separate ratings on scars

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RBrogen

Question

Hi Everyone,

I'm curious as to the rating for painful scars that I got.  I started with a rating of:

   Left Knee Painful Scars (2 scars):  10%
  Right Knee Painful Scars (2 scars): 10%

 and neck disfigurement scars (3 scars) 30%.  They did not rate the neck scars properly for pain so I filed an HLR.  After the HLR, they combined the 2 knee painful scars ratings along with my neck painful scars for a total rating of 30% for painful scars.

My question is would it be a better outcome due to bilateral factor if they had kept the ratings separate and rated it like this:

  Left Knee Painful Scars (2 scars):  10%
  Right Knee Painful Scars (2 scars): 10%
  Head/Face/Neck Painful Scars (3 scars):  20%

 

Edited by RBrogen
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  • HadIt.com Elder

They are supposed to rate to provide the highest possible rating for the veteran. If there isn't a pyramid situation, file for HLR. imo

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  • Content Curator/HadIt.com Elder

This is why it is always a good idea to double-check everything in a rating decision. Look at the awarded disability and %, reasons and bases, C&P exam/DBQ, evidence you submitted. Compare it to the specific rating criteria. The VA often gets a case of the Fridays. That's when someone wants to go to lunch or leave early, so they take shortcuts and hope we accept their decision. Even if we do fight it, it is often months or years before it gets corrected.

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On 10/3/2019 at 1:11 PM, GBArmy said:

They are supposed to rate to provide the highest possible rating for the veteran. If there isn't a pyramid situation, file for HLR. imo

Right ... though I'm not sure that is the case because the two 10% ratings fall in the bilateral section which would make them approximately 21 on the rating schedule when combined.  Then the head/face/neck painful scar is 20% after the bilateral affect which to me seems it would be higher result than just the straight 30%.

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Just now, broncovet said:

Hill and Ponton's rating calculator says that 20,10,10 combines to 40 percent, so if you are at 30 you can appeal to try to get 40 or more.  

Thanks Bronco ... I appreciate it.

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