hurryupnwait Posted January 25, 2008 Share Posted January 25, 2008 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder rentalguy1 Posted January 25, 2008 HadIt.com Elder Share Posted January 25, 2008 So, a rating of 20% for both legs would be 20 + 20 = 36 x 10% = 3.6 + 36 = 39.6 Paul yep, that's it. Link to comment Share on other sites More sharing options...
Question
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.
Link to comment
Share on other sites
Top Posters For This Question
3
3
1
1
Popular Days
Jan 25
6
Dec 19
2
Top Posters For This Question
hurryupnwait 3 posts
rentalguy1 3 posts
GBArmy 1 post
Kim 1 post
Popular Days
Jan 25 2008
6 posts
Dec 19 2021
2 posts
Popular Posts
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 g
hurryupnwait
So, a rating of 20% for both legs would be 20 + 20 = 36 x 10% = 3.6 + 36 = 39.6 Paul
7 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now