Author’s Note: Click this link or visit the very bottom of this blog’s home page to use my online Disability and Bilateral Percentage Calculators. This tool is still in development, and the bi-lateral calculation functionality is brand new. I would appreciate any feedback or compatibility issues you may have.
The impact of Bilateral Conditions, or those conditions affecting both arms, both legs, or skeletal muscles must be combined before proceeding with standard disability calculations. This is actually beneficial to Claimants since this process results in adding additional compensation percentage points to two individual (but pairable) ailments. The law governing the calculations may be found at 38 CFR §4.26.
To calculate the Bilateral Factor, combine the individual disability ratings for each individual limb using similar math to the standard disability rating, but without rounding. Once the combination is performed, then add 10% of the combined value to the calculated combination of the two factors. I simply multiply the combined factor by 1.1 for simplicity. Then round this number to the nearest "1". Once this number is determined, then use the resulting value as a single disability percentage in the calculations described here. An example of determining the Bilateral Factor is as follows:
100% - Capacity before disability
x 10% - Disability of the Right Thigh
_______________________________
=90% - Remaining Capacity
x 10% - Disability of the Left Foot
_______________________________
=81% - Remaining Capacity Before Bilateral Factor
100%-81% = 19% Disability Caused by Both Conditions
x 1.1 = Adds 10% to compensate for Bilateral Disability
_______________________________
=20.9% Before Rounding to nearest "1"
=21% - Bilateral Disability Factor to be used in calculating overall disability.
I hope this is helpful to those of you attempting to understand how the VA arrives at their final ratings.
Please contact VA Disability Attorney Thomas C. O'Brien for further information.
Friday, August 12, 2011
Monday, August 8, 2011
VA Disability Percentage Calculator
Author’s Note: Click this link or visit the very bottom of this blog’s home page to use my online Disability and Bilateral Percentage Calculators. This tool is still in development, and the bi-lateral calculation functionality is brand new. I would appreciate any feedback or compatibility issues you may have.
A very common complaint that I hear from my clients is regarding the lack of transparency in the math that is employed when creating a composite disability percentage rating. The reason for much of this confusion centers on disability percentages not being added together, but rather applied sequentially to the residual capacity that the Veteran retains. The law that governs the calculations of these numbers may be found in the Code of Federal Regulations at 38 CFR 4.25.
Intuition might tell us that if a Veteran is 50% disabled from heart conditions, and 50% disabled from a back problem that he or she would be 100% disabled, but this is not the case. When applied sequentially to the Veteran’s remaining capacity, the heart condition would leave the Veteran with 50% remaining capacity to work, and then the back problem would remove 50% of the remaining capacity. As such, the composite disability percentage would be 75%, which would then be rounded up to the nearest “10”, rendering a rating of 80%. In the example above, the math works as follows:
100% - Capacity before disability
x 50% - Heart Disability
_______________________________
=50% - Remaining Capacity
x 50% - Back Disability
_______________________________
=75% - New Remaining Capacity
=80% - Composite Disability Rating (Rounding 75% to the nearest “10”)
In the context of applying for a rating increase or TDIU (Total Disability Based on Individual Unemployability) knowing these numbers is vital to Veterans. Due to the rounding that occurs in the final step of the process, certain ratings increases or achieving new ratings may unlock additional health benefits, but will have little or no impact on the overall rating. Knowing what percentage is needed to achieve the next milestone should offer some guidance regarding the information and evidence that will need to be provided to the VA.
This blog, and the information herein is for informational purposes only, and should not be relied upon as legal advice. For more information about your particular situation, please contact VA Disability Attorney Thomas C. O’Brien.
A very common complaint that I hear from my clients is regarding the lack of transparency in the math that is employed when creating a composite disability percentage rating. The reason for much of this confusion centers on disability percentages not being added together, but rather applied sequentially to the residual capacity that the Veteran retains. The law that governs the calculations of these numbers may be found in the Code of Federal Regulations at 38 CFR 4.25.
Intuition might tell us that if a Veteran is 50% disabled from heart conditions, and 50% disabled from a back problem that he or she would be 100% disabled, but this is not the case. When applied sequentially to the Veteran’s remaining capacity, the heart condition would leave the Veteran with 50% remaining capacity to work, and then the back problem would remove 50% of the remaining capacity. As such, the composite disability percentage would be 75%, which would then be rounded up to the nearest “10”, rendering a rating of 80%. In the example above, the math works as follows:
100% - Capacity before disability
x 50% - Heart Disability
_______________________________
=50% - Remaining Capacity
x 50% - Back Disability
_______________________________
=75% - New Remaining Capacity
=80% - Composite Disability Rating (Rounding 75% to the nearest “10”)
In the context of applying for a rating increase or TDIU (Total Disability Based on Individual Unemployability) knowing these numbers is vital to Veterans. Due to the rounding that occurs in the final step of the process, certain ratings increases or achieving new ratings may unlock additional health benefits, but will have little or no impact on the overall rating. Knowing what percentage is needed to achieve the next milestone should offer some guidance regarding the information and evidence that will need to be provided to the VA.
This blog, and the information herein is for informational purposes only, and should not be relied upon as legal advice. For more information about your particular situation, please contact VA Disability Attorney Thomas C. O’Brien.
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