4.26 Bilateral Factor

[allan]

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.

(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 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.

[john999]

If the VA does not compute the bilateral factor correctly what course of action do you take if the decision has become final? Is there a chart that computes bilateral factor? If you believe the VA did not compute your bilateral factor correctly do you have to file another claim?

[121212]

There is a chart that computes bilateral factor, my Rep in Little Rock showed it to me, they add the to disability on a separate chart. My disability on both ankles which are 20% for each, they added the 20% and 20% and got 43.6%, but the answer to the question is they do have a chart that computes bilateral factor.

Ken

[etihwr]

The DVA does compute your bilater factor. You go by the spread sheets and don't do the math the way it supposed to do it. You can not get 43.6% disability. Here is how is works. It is called the whole person concept. You came into the military 100% whole unless you had a pre-existing condition.

100 minus 20% for the left ankle 100-20=80% Then you take 20% of 80% or 2x8=16+20=36%. You then take 10% of 36% which is 3.6. At .5 we round up and at .4 we round down. Thus 3.6=4 36+4=40%

If you know the math, you know that the DVA did it's job. You can't take shortcuts by using spread sheets that don't take the bilateral factor into accout and give you these bogus percentages. Use the Chart in Ch4 of 38 CFR. It is easy to read.

The problem I see in this forum and other forums is that people want to take the quick and (what they believe is the) easy way of doing things. Never assume. Ask people who have done this for a living. It is easy to understand. Don't advocate for the numbers to add up. I have worked for the DVA, these people would like nothing better than lower the numbers. People that have high percentages now would be reduced all because you want something. There is an old saying, "don't ask for something, you will get it!" What it means is, what you wanted isn't what your going to get.

There is a chart that computes bilateral factor, my Rep in Little Rock showed it to me, they add the to disability on a separate chart. My disability on both ankles which are 20% for each, they added the 20% and 20% and got 43.6%, but the answer to the question is they do have a chart that computes bilateral factor.

Ken

[121212]

etihwr just to let you know they combine the % when you get a bilateral factor, 20 and 20 are 40, you 40% of a 100% and the bilateral factor and the 3.6 was added by using the bilateral factor. I was in my reps office and he showed me on the comp he was using, they add the bilateral factor on one chart and added it to you other disability using a different chart. also I was just telling someone else that ask a question what happened to me, as for the way you talk to people about if you know math and tacking shortcuts on spreed sheets and asking for the easy way to do things, there is a nicer way to talk to people, you. Talk to them not at them or down to them. I know how to use charts, I can read, don,t thank people are all dumb on here.

Ken