The A to Z Guide to VA Disability Benefits
JimStrickland912
Your Subtitle text
I also believe our country made a promise to veterans and their families. Veterans have kept their end of the bargain, and now, the VA is looking to pull out the rug.
Ellen Tauscher
Ellen Tauscher
Custom Search
Benefits
CAUTION!
Very tricky VA math at work ahead, wear protective headgear.
The reader wrote to ask;
I answered;
It's no surprise to you that you've hit upon one of the trickier parts of VA math.
Let's begin with the Bilateral Factor rules:
38 CFR Book C Schedule for Rating Disabilities
Subpart A - General Policy in Rating
§4.26 Bilateral factor.
When a partial disability results from disease or injury of both
arms, or of both legs, or of paired skeletal muscles, the ratings for
the disabilities of the right and left sides will be combined as
usual, and 10 percent of this value will be added (i.e., not combined)
before proceeding with further combinations, or converting to degree
of disability. The bilateral factor will be applied to such bilateral
disabilities before other combinations are carried out and the rating
for such disabilities including the bilateral factor in this section
will be treated as 1 disability for the purpose of arranging in order
of severity and for all further combinations. For example, with
disabilities evaluated at 60 percent, 20 percent, 10 percent and 10
percent (the two 10’s representing bilateral disabilities), the order
of severity would be 60, 21 and 20. The 60 and 21 combine to 68
percent and the 68 and 20 to 74 percent, converted to 70 percent as
the final degree of disability.
(a) The use of the terms “arms” and “legs” is not intended to
distinguish between the arm, forearm and hand, or the thigh, leg, and
foot, but relates to the upper extremities and lower extremities as a
whole. Thus with a compensable disability of the right thigh, for
example, amputation, and one of the left foot, for example, pes
planus, the bilateral factor applies, and similarly whenever there are
compensable disabilities affecting use of paired extremities
regardless of location or specified type of impairment.
(b) The correct procedure when applying the bilateral factor to
disabilities affecting both upper extremities and both lower
extremities is to combine the ratings of the disabilities affecting
the 4 extremities in the order of their individual severity and apply
the bilateral factor by adding, not combining, 10 percent of the
combined value thus attained.
(c) The bilateral factor is not applicable unless there is partial
disability of compensable degree in each of 2 paired extremities, or
paired skeletal muscles.
You had 6, 10% conditions. Using the CRT that adds up to 47%. (The 6,
10's aren't 60%, you must use the CRT
http://edocket.access.gpo.gov/
10 + 10 = 19 (2 tens)
10 + 19 = 27 ( 3 tens)
10 + 27 = 34 (4 tens)
10 + 34 = 41 (5 tens)
10 + 41 = 47 (6 tens accounted for)
The bilateral factor of 10% would then be 4.7 to = 51.7 rounding up to 52.
52 + 30 = 65 (Round up to 70) (The first 30)
70 + 30 = 79 (Round up to 80) (The second 30)
I don't understand how anyone arrived at 52, 30, 30, 10, 10 and 10...in a setting of Bilateral Factor usage, the 10's would be the first ratings addressed just as as I did. However, the resulting number is the same. You're at 80%.
You're now eligible to apply for 100% IU.
BVA
Updated October 26th 2009
The BVA Ombudsman web page is probably the best of the best of the VA site.
It's easy to read, it speaks to you in plain English and answers questions that you were probably interested in.
There are a handful of useful links that really work!
It's all so warm and friendly and fuzzy that you almost want to trust them. Then you remember they're a part of the VA and that illusion shatters.
So, with such a nice site that gives such a welcoming reception, it's a real shame that it's going to take them 2 to 4 years more to get to your claim and then they'll probably remand it right back to some incompetent at the Regional office...where your troubles began 5 or 6 years ago.
But, it sure is a nice web page.
Board of Veterans Appeals (BVA)
http://www.va.gov/vbs/bva/
(Search BVA Decisions)
http://www.index.va.gov/search/va/bva.html
Brown Water Navy
My friend Roy Adams is the Service Officer at VFW Post (5025) in beautiful Crossville, Tennessee.
Roy reminded me that official information about the Brown Water Navy, those men who served so bravely and well, is hard to come by.
I was up to the task and put together some data and links here.
Thanks Roy.
I couldn't do what I do without all my brothers and sisters here helping me to put it all together.
This section is for you and all my friends in Crossville. Thanks for your service.
A little history...
It's often accepted that there are 3 waters the Navy sails in; blue, green and brown.
The difference to the Vietnam veteran is one of generous benefits v. no benefits at all.
http://brownwater-navy.com/
Brown Water Navy Wiki
Images of Brown Water
Brown Water, Red Blood
Riverine Warfare
YouTube Tribute
Now the VA & legal stuff...
Reading in the M21-1MR we see that in
M21-1MR, Part IV, Subpart ii, Chapter 1, Section H
VBA tells us that;
* Service aboard a ship that anchored in an open deep-water harbor, such as Da Nang, Vung Tau, or Cam Ranh Bay, along the RVN coast does not constitute inland waterway service or qualify as docking and is not sufficient to establish presumptive exposure to herbicides. Evidence of shore docking is required in order to concede the possibility that the veteran’s service involved duty or visitation in the RVN.
* Veterans who served aboard large ocean-going ships that operated on the offshore waters of the RVN are often referred to as “blue water” veterans because of the blue color of the deep offshore waters. They are distinguished from “brown water” veterans who served aboard smaller river patrol and swift boats and land ship tanks (LSTs) that operated on the brown colored rivers, canals, estuaries, and delta areas making up the inland waterways of the RVN.
* Brown water Navy and Coast Guard veterans receive the same presumption of herbicide exposure as veterans who served on the ground in the RVN.
Thus, Brown Water Navy Veterans are given the same presumptions as are the veterans who had "boots on the ground" service.
See Also:
Agent Orange
Presumptive
Life Insurance
Medical
Hospital care and medical services in foreign countries.
Medical benefits package.
Persons entitled to hospital or domiciliary care.
Considerations applicable in determining eligibility for hospital, nursing home or domiciliary care.
Hospital care and medical services in non-VA facilities.
Limitations on use of public or private hospitals.
Necessity for prior authorization.
Revocation of VA approval.
Protection of health-care eligibility.
Prescriptions filled.
Submittal of claim for reimbursement.
Where to file claims.
Authorization of outpatient dental treatment.
Review and appeal process.
Medical records.
Medical
Hospital care and medical services in foreign countries.
Medical benefits package.
Persons entitled to hospital or domiciliary care.
Considerations applicable in determining eligibility for hospital, nursing home or domiciliary care.
Hospital care and medical services in non-VA facilities.
Limitations on use of public or private hospitals.
Necessity for prior authorization.
Revocation of VA approval.
Protection of health-care eligibility.
Prescriptions filled.
Submittal of claim for reimbursement.
Where to file claims.
Authorization of outpatient dental treatment.
Review and appeal process.
Medical records.
Bilateral Factor
CAUTION!
Very tricky VA math at work ahead, wear protective headgear.
The reader wrote to ask;
I recently applied for an increase to my disabilities. Everything was
going great and the Cleveland; Ohio VA Regional Office granted my
increases. According to the VARO, I went from a 70% rating to 80%
during the first round of awards. The VARO divided my request for
increase into two rounds of appointments and awards. While waiting for
the second award, I was sure the VARO would increase to 90% due to the
disabilities still being reviewed. When I got my second award letter
they had changed a few numbers to suit the calculation and insisted I
was going to remain at 80%. I looked over everything they did and
requested a re-comp of the rates.
My individual rates are 30, 30, 10, 10, 10, 10, 10, 10, 10, 10, and
10. Six of the 10% ratings are bilateral and thus require an
additional Bilateral Factor. In the letter from the VARO they
explained that my six bilateral conditions became 47%, plus a
Bilateral Factor of 4.7 to make the final percent 51.7% rounded up to
52%.
This is where they (VARO, Ohio) do the funny math. They explained to
me in this letter that my rates are 52, 30, 30, 10, 10, and 10, which
equates to 82% rounded to 80% for a final disability rating.
What happen to the six 10’s? Shouldn't they have become 60% plus a
Bilateral Factor?
How does anyone get a Bilateral Factor of 4.7 from
60?
going great and the Cleveland; Ohio VA Regional Office granted my
increases. According to the VARO, I went from a 70% rating to 80%
during the first round of awards. The VARO divided my request for
increase into two rounds of appointments and awards. While waiting for
the second award, I was sure the VARO would increase to 90% due to the
disabilities still being reviewed. When I got my second award letter
they had changed a few numbers to suit the calculation and insisted I
was going to remain at 80%. I looked over everything they did and
requested a re-comp of the rates.
My individual rates are 30, 30, 10, 10, 10, 10, 10, 10, 10, 10, and
10. Six of the 10% ratings are bilateral and thus require an
additional Bilateral Factor. In the letter from the VARO they
explained that my six bilateral conditions became 47%, plus a
Bilateral Factor of 4.7 to make the final percent 51.7% rounded up to
52%.
This is where they (VARO, Ohio) do the funny math. They explained to
me in this letter that my rates are 52, 30, 30, 10, 10, and 10, which
equates to 82% rounded to 80% for a final disability rating.
What happen to the six 10’s? Shouldn't they have become 60% plus a
Bilateral Factor?
How does anyone get a Bilateral Factor of 4.7 from
60?
I answered;
It's no surprise to you that you've hit upon one of the trickier parts of VA math.
Let's begin with the Bilateral Factor rules:
38 CFR Book C Schedule for Rating Disabilities
Subpart A - General Policy in Rating
§4.26 Bilateral factor.
When a partial disability results from disease or injury of both
arms, or of both legs, or of paired skeletal muscles, the ratings for
the disabilities of the right and left sides will be combined as
usual, and 10 percent of this value will be added (i.e., not combined)
before proceeding with further combinations, or converting to degree
of disability. The bilateral factor will be applied to such bilateral
disabilities before other combinations are carried out and the rating
for such disabilities including the bilateral factor in this section
will be treated as 1 disability for the purpose of arranging in order
of severity and for all further combinations. For example, with
disabilities evaluated at 60 percent, 20 percent, 10 percent and 10
percent (the two 10’s representing bilateral disabilities), the order
of severity would be 60, 21 and 20. The 60 and 21 combine to 68
percent and the 68 and 20 to 74 percent, converted to 70 percent as
the final degree of disability.
(a) The use of the terms “arms” and “legs” is not intended to
distinguish between the arm, forearm and hand, or the thigh, leg, and
foot, but relates to the upper extremities and lower extremities as a
whole. Thus with a compensable disability of the right thigh, for
example, amputation, and one of the left foot, for example, pes
planus, the bilateral factor applies, and similarly whenever there are
compensable disabilities affecting use of paired extremities
regardless of location or specified type of impairment.
(b) The correct procedure when applying the bilateral factor to
disabilities affecting both upper extremities and both lower
extremities is to combine the ratings of the disabilities affecting
the 4 extremities in the order of their individual severity and apply
the bilateral factor by adding, not combining, 10 percent of the
combined value thus attained.
(c) The bilateral factor is not applicable unless there is partial
disability of compensable degree in each of 2 paired extremities, or
paired skeletal muscles.
You had 6, 10% conditions. Using the CRT that adds up to 47%. (The 6,
10's aren't 60%, you must use the CRT
http://edocket.access.gpo.gov/
10 + 10 = 19 (2 tens)
10 + 19 = 27 ( 3 tens)
10 + 27 = 34 (4 tens)
10 + 34 = 41 (5 tens)
10 + 41 = 47 (6 tens accounted for)
The bilateral factor of 10% would then be 4.7 to = 51.7 rounding up to 52.
52 + 30 = 65 (Round up to 70) (The first 30)
70 + 30 = 79 (Round up to 80) (The second 30)
I don't understand how anyone arrived at 52, 30, 30, 10, 10 and 10...in a setting of Bilateral Factor usage, the 10's would be the first ratings addressed just as as I did. However, the resulting number is the same. You're at 80%.
You're now eligible to apply for 100% IU.
Veterans Day Parade, Beaufort, SC 2007
BVA
Updated October 26th 2009
The BVA Ombudsman web page is probably the best of the best of the VA site.
It's easy to read, it speaks to you in plain English and answers questions that you were probably interested in.
There are a handful of useful links that really work!
It's all so warm and friendly and fuzzy that you almost want to trust them. Then you remember they're a part of the VA and that illusion shatters.
So, with such a nice site that gives such a welcoming reception, it's a real shame that it's going to take them 2 to 4 years more to get to your claim and then they'll probably remand it right back to some incompetent at the Regional office...where your troubles began 5 or 6 years ago.
But, it sure is a nice web page.
Board of Veterans Appeals (BVA)
http://www.va.gov/vbs/bva/
(Search BVA Decisions)
http://www.index.va.gov/search/va/bva.html
"A Marine of the 1st Marine Division draws a bead on a Japanese sniper with his tommy-gun as his companion ducks for cover. The division is working to take Wana Ridge before the town of Shuri." S.Sgt. Walter F. Kleine, Okinawa, 1945.
Brown Water Navy
My friend Roy Adams is the Service Officer at VFW Post (5025) in beautiful Crossville, Tennessee.
Roy reminded me that official information about the Brown Water Navy, those men who served so bravely and well, is hard to come by.
I was up to the task and put together some data and links here.
Thanks Roy.
I couldn't do what I do without all my brothers and sisters here helping me to put it all together.
This section is for you and all my friends in Crossville. Thanks for your service.
A little history...
It's often accepted that there are 3 waters the Navy sails in; blue, green and brown.
The difference to the Vietnam veteran is one of generous benefits v. no benefits at all.
http://brownwater-navy.com/
Brown Water Navy Wiki
Images of Brown Water
Brown Water, Red Blood
Riverine Warfare
YouTube Tribute
Now the VA & legal stuff...
Reading in the M21-1MR we see that in
M21-1MR, Part IV, Subpart ii, Chapter 1, Section H
VBA tells us that;
* Service aboard a ship that anchored in an open deep-water harbor, such as Da Nang, Vung Tau, or Cam Ranh Bay, along the RVN coast does not constitute inland waterway service or qualify as docking and is not sufficient to establish presumptive exposure to herbicides. Evidence of shore docking is required in order to concede the possibility that the veteran’s service involved duty or visitation in the RVN.
* Veterans who served aboard large ocean-going ships that operated on the offshore waters of the RVN are often referred to as “blue water” veterans because of the blue color of the deep offshore waters. They are distinguished from “brown water” veterans who served aboard smaller river patrol and swift boats and land ship tanks (LSTs) that operated on the brown colored rivers, canals, estuaries, and delta areas making up the inland waterways of the RVN.
* Brown water Navy and Coast Guard veterans receive the same presumption of herbicide exposure as veterans who served on the ground in the RVN.
Thus, Brown Water Navy Veterans are given the same presumptions as are the veterans who had "boots on the ground" service.
See Also:
Agent Orange
Presumptive