Bilateral Factors

[jalexand]

I have posted a question with regard to using the "Bilateral Factor" (par. 4.26 of Chapter A USC) when the VA figures disability ratings in another area of this web site, but have received no responses to it. Perhaps if someone that regularly

reads this forum understands this situation they can look at it and comment?

In addition to answering the question regarding how and when it is and should be used in computing awards I am a little fuzzy about the math they use to arrive at the Bilateral Figures Perhaps again, if someone understands the calculations better than I they can advise me of that my rating would be using the Bilateral Factor. I beieve that without the factor my rating would acutally be, using the combined ratings tables, 85% which of course is rounded up to a 90% rating. I think, if I understand the use of the Bilateral, if it were used my rating would be 87% at this point, again rounded to 90%. This is important because if I end up with only a 60% rating for IHD, even though it will raise my rating, if the bilateral is not used I would reach only a rating of 94%, which of course means I would not see any benefit from the additional rating. But, I believe if the Bilateral Factor were used I would reach a rating of 95%, which I think would be rounded up to 100%?

Thanks for consideration of this dilemma.

Jim

[johnjjr]

Jim,

I have Peripheral neuropathy in both hands and both legs and feet. I am rated at 40% for each leg, 30% for my left hand and 20% for my right hand. The bilateral factor comes into play when a desease affects either both lower extremities or both upper extremities. Or in my case, all 4 extremities. Using the VA fuzzy math, 40 + 40 + 30 + 20 = 80. Now the bilateral factor kicks in.To the total of 80 add 10% or 8 for a total of 88. After all bilateral ratings are figured, then add all other rated conditions. I am rated 20% for DM II so I add that to 88 again using VA fuzzy math and I get 90. So my total rating is 90%.

Hope this helps.

Edited July 17, 2010 by johnjjr

[jalexand]

Jim,

I have Peripheral neuropathy in both hands and both legs and feet. I am rated at 40% for each leg, 30% for my left hand and 20% for my right hand. The bilateral factor comes into play when a desease affects either both lower extremities or both upper extremities. Or in my case, all 4 extremities. Using the VA fuzzy math, 40 + 40 + 30 + 20 = 80. Now the bilateral factor kicks in.To the total of 80 add 10% or 8 for a total of 88. After all bilateral ratings are figured, then add all other rated conditions. I am rated 20% for DM II so I add that to 88 again using VA fuzzy math and I get 90. So my total rating is 90%.

Hope this helps.

Well.......I am not sure it does, but something is not right about the way I was figuring based upon my interpretation of the Bilateral Rule because using the rule the way I thought it was figured I end up with your rating at only 83, but then again if I then add in your additional 20% DMII I come up with 86%, which of course would put you up to 90% also.

I can't believe how confusing this is???????????????

Jim

[buickx]

The scale is setup by the VA that the higher your percentage, the harder it is to get over the top. For example I'm rated by the VA at 90%...to get over a hundred I would need 50% in another disease...