Bilateral Sciatica - How Is It Rated?

[hurryupnwait]

I have bilateral sciatica, would it fall under this regulation and could someone explain how this works, it does not compute in my head.

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.26]

[Page 374]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 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.

(:) 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.

© The bilateral factor is not applicable unless there is partial

disability of compensable degree in each of 2 paired extremities, or

paired skeletal muscles.

[Kim]

I am having trouble calculating my current rating. Can someone please help me out. I currently have 

1. Left knee condition 10%
2. Right knee strain with arthritis 10%
3. Left knee limitation of extension 0%
4. Right knee limitation of extension 0%
5. Bilateral pes planus with plantar fasciitis 10%
6. Lumbar sacral strain with degenerative arthritis 20%
7. Radiculopathy, right lower extremity sciatic nerve 20%
8. Radiculopathy, left lower extremity sciatic nerve 20%
9. Radiculopathy, left lower extremity femoral nerve 20%
10. Radiculopathy, right lower extremity femoral nerve 20%
11. Depression, MDD 70% 

What do you come up with? Please help!

[GBArmy]

Kim Welcome to Hadit. You have tagged on to a old message stream, so I'm not sure if you will find this. I suggest that if you need to ask additional questions, you start a brand new entry.

To answer your question, here is a good calculator from Hiill & Ponton. There are several others on the internet. You might also contact them and simply ask them to verify your results.

https://www.hillandponton.com/va-disability-calculator/

[rentalguy1]

The problem I see is that you only have one sciatic nerve, not two. They can only rate you on the one nerve, even if the symptoms are in both legs. I have bilateral sciatica, too, and I wish they could rate you on both legs, but I'm pretty sure that they can't.

[rentalguy1]

I stand corrected...the BVA has granted for both left and right sided sciatica, concurrently.

BVA Case Granting Bilateral Sciatica

Bilateral Factor: left sciatic granted at 10%, right sciatic granted at 10%, combined under VA fuszzy math to equal 19%, times (X) 10% equals 1.9%, add that to the combined total to get a final total of 20.9%.

10% + 10% = 19% X 10% = 1.9% + 19% = 20.9%

Then this 20.9% is combined with all other ratings as normal, i.e. 60%, 30%, 20.9%, 10 = 80%

Edited January 25, 2008 by rentalguy1

[hurryupnwait]

The problem I see is that you only have one sciatic nerve, not two. They can only rate you on the one nerve, even if the symptoms are in both legs. I have bilateral sciatica, too, and I wish they could rate you on both legs, but I'm pretty sure that they can't.

I think I saw a post recently, where someone was granted a percentage for each leg for bilateral sciatica. I m still looking for that post.

Happy Trails

Paul

[hurryupnwait]

I stand corrected...the BVA has granted for both left and right sided sciatica, concurrently.

BVA Case Granting Bilateral Sciatica

Bilateral Factor: left sciatic granted at 10%, right sciatic granted at 10%, combined under VA fuszzy math to equal 19%, times (X) 10% equals 1.9%, add that to the combined total to get a final total of 20.9%.

10% + 10% = 19% X 10% = 1.9% + 19% = 20.9%

Then this 20.9% is combined with all other ratings as normal, i.e. 60%, 30%, 20.9%, 10 = 80%

So, a rating of 20% for both legs would be

20 + 20 = 36 x 10% = 3.6 + 36 = 39.6

Paul

Edited January 25, 2008 by hurryupnwait