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Author: admin | 05.12.2015 | Category: Ginkgo Biloba Tinnitus

That’s where you say one thing, and the VA understands it to mean something completely different. This recently happened to a Veteran in his claim for an extra-schedular rating – he thought that his VA disability hearing loss payments were not enough.
1) First, compare the level of severity of the Veteran’s actual symptoms and limitations with the established criteria in the VA Impairment Ratings Table. 1) If your disability has symptoms and limitations that are not discussed in the VA Impairment Ratings Table, or the rating does not adequately compensate you due to a unique disability picture, be sure to tell the VA you want them to consider a claim for an extra-schedular rating under 38 CFR 3.321(b). 2) If the VA does not analyze your claim exactly as laid out above – or if they do not refer your case to the proper person for decision (see Thun Step #3) above, then make sure that you file a timely Notice of Disagreement to the Ratings Decision. 3) If the BVA still denies, consider reaching out to an attorney to appeal to the Veterans Court to raise a Thun violation before the Court. The Court is increasingly frustrated with the VA and BVA’s  improper analyses of these types of claims.

But now I was just going to agree with them and say, but now my condition is worse and warrants the higher rating. I get 88 rounded up to 90.Separate line items are the only clue I can find to rate as bi-lat. I was just reviewing the explanations on my awards letter and it looks like the 10% scars rating is for 2 painful scars (3 or more would bump it up to 20%); and the 0% separate scars rating is specifically for linear scars that are not considered disabling. Please forgive the interjection into the thread on behalf of myself but I've run into a brick wall as regards the computation of so-called 'bi-lateral' ratings. Even though his hearing loss had a profound impact on his ability to function in the world, the VA assigned him a 0% rating. Below is an image from my most recent rating wherein I received an increase for hearing loss right ear from 10% to 50% while simultaneously having made it a bi-lateral SC rating as well.
Lay evidence is going to be a HUGE factor – so make sure you have plenty to show all the symptoms and limitations outside the rating schedule.

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. Can someone here please tell me if, when and how I should consider entertaining the notion of the inclusion a bi-lateral computation for the purposes of 'increasing' my numbers. 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.

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