SDDVA What is a Bilateral Factor Bilateral disabilities are recognized by the VA as severely limiting to a veterans ability to function and thus warrant a higher rating percentage CFR 426 the bilateral factor is ID: 1040294
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1. Bilateral FactorKevin BowenSDDVA
2. What is a Bilateral Factor?Bilateral disabilities are recognized by the VA as severely limiting to a veteran’s ability to function, and thus warrant a higher rating percentage.
3. C.F.R. 4.26; the bilateral factor is:When a partial disability results from the disease or injury of both arms, or both legs, or paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10% 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 one disability for the purpose of arranging in order of severity and for all further combinations.
4. C.F.R. 4.26; the bilateral factor is (continued):For example, with disabilities evaluated at 60 percent, 20 percent, 10 percent, and 10 percent (the two 10’s represent bilateral disabilities), the order of severity would be 60, 21, and 20. The 60 and the 21 combine to 68 percent and the 68 and 20 to 74 percent, converted to 70 percent as the final degree of disability.
5. C.F.R. 4.26; the bilateral factor is (continued):(a) The use of the terms “arms” and “legs” is not 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.
6. C.F.R. 4.26; the bilateral factor is (continued):(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 four extremities in the order of their individual severity and apply the bilateral factor by adding, not combining, ten percent of the combined value thus attained.(c) The bilateral factor is not applicable unless there is a partial disability of the compensable degree in each of the paired extremities, or paired skeletal muscles.
7. Bilateral factor (Example 1) A veteran is rated at 10% for their right knee and 10% for their left knee.A 10% disability combined with another 10% disability = 19% The bilateral factor of 19% is 1.9%19% + 1.9% = 20.9%, which rounds up to 21%So, the combined total is 20%
8. Bilateral Factor (example 2)A veteran has 30% for a back injury, 20% for right shoulder, 10% for left knee, 10% for right knee, and 10% for hearing loss.First, combine the left and right knee which = 21% Use the Combined Rating Table, first start with the 21% and the 30%. This takes us to 45.Follow the left column down to 45 and find where it intersects with 20. You get 56.Repeat the process for 56 and 10, and you get 60. The overall service-connected disability rating for this veteran is exactly 60%.
9. Bilateral factor (Example 3) A veteran has a left knee rating of 30%, a right knee rating of 10%, and 10% for tinnitus.What is the bilateral factor? What is the combined rating for this veteran?
10. Bilateral factor (Example 3) A veteran has a left knee rating of 30%, a right knee rating of 10%, and 10% for tinnitus.What is the bilateral factor? 3.7% with a combined 40.9% rounded up to 41%What is the combined rating for this veteran? 50%
11. Bilateral Factor (Example 4) A veteran has been rated at 30% for his left knee condition, 10% for left ankle condition, and 10% for tinnitus. Is the bilateral factor applicable? Why? What is the total combined rating? If the knee condition was on his right side what would the total combined rating be?
12. Bilateral Factor (Example 4) A veteran has been rated at 30% for his left knee condition, 10% for left ankle condition, and 10% for tinnitus. Is the bilateral factor applicable? NoWhy? Two of the disabilities are on one lower extremity not bothWhat is the total combined rating? 40%If the knee condition was on his right side what would the total combined rating be? 50%
13. Bilateral Factor (Example 5)Veteran has a 20% rating on his right shoulder, 10% for left elbow, 20% for right knee, and 10% left knee.What is the combined rating including the bilateral factor? Now let’s add a 50% for PTSD, 20% for lower back condition, and 10% for tinnitus to the above veteran. What is the combined rating for this veteran?
14. Bilateral Factor (Example 5)Veteran has a 20% rating on his right shoulder, 10% for left elbow, 20% for right knee, and 10% left knee.What is the combined rating including the bilateral factor? 50%Now let’s add a 50% for PTSD, 20% for lower back condition, and 10% for tinnitus to the above veteran. What is the combined rating for this veteran? 80%
15. Bilateral Factor (Example 6)A veteran received a 30% on their back, 20% for hearing loss in left ear, 20% on right knee, and 0% on their left knee.Is the bilateral factor applicable?NoWhy?Their left knee is not rated at a compensable degree.
16. Bilateral Factor (Example 6)A veteran received a 30% on their back, 20% for hearing loss in left ear, 20% on right knee, and 0% on their left knee.Is the bilateral factor applicable?Why?
17. Bilateral factor (example 7)Veteran receives a 50% for PTSD, 30% for right shoulder, 20% for left wrist, 20% for left hip, and 10% for right ankle. What is the Bilateral Factor?What is this veteran’s combined rating?What would the combined disability be with out the bilateral factor?
18. Bilateral factor (example 7)Veteran receives a 50% for PTSD, 30% for right shoulder, 20% for left wrist, 20% for left hip, and 10% for right ankle. What is the Bilateral Factor?5.9%What is this veteran’s combined rating?80%What would the combined disability be with out the bilateral factor?70%
19. One thing to take away: The bilateral factor can make the difference in getting a higher rating for our veterans.
20. Questions?