DA 199 and bilateral factor

Robert Albright

PEB Forum Regular Member
PEB Forum Veteran
Just noticed that the bilateral factor wasn't calculated into my numbers on the 199. Like an idiot I did not catch this until after accepting the 199 on Friday and indicating that I did not want to appeal. It's a four day weekend and I won't be able to see the soldier's council until Tuesday at the earliest.

My question is "is this an error that can be fixed without having to appeal?"

Here are the failing conditions and how the the Army did the math:

Status post disc replacement of C5-C6 and C6-C7 30%
Lumbar spine with degenerative disc herniation L4-L5 and L5-S1 and intervertebral disc synd 20%
Left C5-C6 radiculopathy 20%
Right upper extremity radiculopathy 10%
Left L5 radiculopathy 10%

Army Math from 199:
CR: 30+20=44 + 20= 55+10=60 + 10=64 = 60%

Using bilateral factor:
20%+10%= 28%+10%= 35%+10%(bilateral factor) =39%
39%+30%=57% + 20%= 66%

Without using Left Leg Radiculopathy in bilateral portion of calculation but adding it as an injury:
20%+10%= 28% +10% (bilateral factor)=31%
31%+30%=52%+20%= 62%+10%=66%.

Is this even worth worrying about? At 65%, it might be worth taking my army retired pay instead of my VA disability pay depending on what numbers I get back from the VA. I thought it was strange that I received my 199 but no information on my VA percentage; particularly as I filed for a relook before attending the formal PEB.Anyone experience a similar problem?
 
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