Bilateral Factor

[Guest jangrin]

Could some one figure the total disability including the bilateral factor on these upper and lower extremities?

Veteran is rated at

left leg/foot=40%

right leg/foot=10%

right arm/hand=10%

left arm/hand=10%

Thank you.

Jangrin

[Tower_Rat]

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

[[Page 370]]

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.

hope this helps. since the one disability is much higher than the other one for your left left side i guess they will add the two together and add ten like they did in the example makinng your left side 60 percent and your right side 20 percent plus the 10 for bilateral to 30 percent. using VA math thats 72 percent. At least thats the way it looks according to the schedule that they use above for bilateral conditions. as they combine the ratings and add 10 to it 40+10+10=60 and 10+10+10 =30 that equals 72%

Anyone else see it as different? it might need to be double checked.

[Guest jangrin]

Tower_rat,

This is so confusing. I have been reading the CFR for the bi-lateral factor, and I thought it means to combined the feet together and combine the hands. You know upper and lower extremities. But maybe it does mean left side right side. I tjhought it would work like this.

So lower would be 40 plus 10=50 plus 10percent=5 grand total=55% for lower

Upper would be 10 plus 10=20 plus 10percent=2= grand total 22% for upper

But then it says to combined all togther=so would that be 40 + 10 + 10+10= 70 plus 10% added=77%

It comes out the same either way-so I'm not sure if this is right ???? Too confusing !!!!! B)

I still don't think either of us is doing this correctly. ANYBODY ELSE HAVE ANY IDEAS???

Jangrin

[Tower_Rat]

Well you came up with better than i did. At least the 77 would be rounded up to 80. Your right though, im not sure if its correct or not. In the CFR it said something like left and right side combine and add ten to each side but, its so confusing the way that they do it. Maybe they will just give you the schedular 100% and be done with it. Wouldnt that be nice B)

[Guest jangrin]

Tower,

I'm just trying to figure out how they do this. I think this is how my husband should be rated when his claim is finally done. It is suppose to be at the raters now he had his C&P 2 months ago. So he should be hearing someting soon. The C&P exam gave a dx of peripheral neuropathy and I think this is how it should turn out, but you know the VA it may not.

Anyway we couldn't figure it out and I was wondering if anyone really understood this bi-lateral stuff. It is complicated and is not very clear. But it would be nice if it turns out that way. Where does it talk about rounding up or rounding down on the ratings? Do you know?

Thank for your help and ideas.

Jangrin

[Tower_Rat]

heres a link for ya that kinda explains it better.

http://www.hadit.com/forums/index.php?showtopic=1493

Its from the bottom of the hadit.com start up page and talks about a couple of excel programs to figure va math out. The link is quoted from one of Tbirds topics for VA math.

[frosty69]

I don't have a answer either, but have a question, also, on this subject. I was going through some of my VA papers, as I am appealing a EED of my diabetes, but anyway, the question is: I received a increase of sorts on December 16, 2003, when I went from 70% PTSD with TDIU P&T, up to 100 scheduler 100% P&T for PTSD, Panic Disorder, with Agoraphobia, so did that mean I got 100% for Panic Disorder, with Agoraphobia, as 70 and 30% by VA math doesn't add to 100%, by VA math I would of had to gotten at least a 90% rating, as 80% of the that 30% is 24, so that would of equaled a 20% rating increase and 90% of 30% is 27% should of gotten me the other 30% to equal a 100%, but I was never told anything about it at the time, and actually didn't know how they added things up back then. I don't even know if I did it right now. If that is the case, shouldn't that have been rated separately, as PTSD, and Panic Disorder, with Agoraphobia are separate issues, as I have read cases where Veterans have received 100% for Agoraphobia all by itself, or am I reading this wrong, as I am a little paranoid with the VA system, as they tried to screw me over on many issues over the years.