Bilateral Factor Inquiry

[Ray C]

Good Day,

Can someone please assist with my inquiry.  I was rated for degenerative arthritis right hip adduction (20%) and degenerative arthritis left hip adduction  (10%) and both ratings state (claimed as bilateral hip condition).  I was also rated for radiculopathy, sciatic nerve (Left 20% + Right 20%)  and radiculopathy, femoral nerve (Left 20% + Right 20%) for both left and right lower extremities.  The sciatic and femoral nerve ratings are for both legs but why aren't they rated as bilateral factors since they affect both lower extremities ?  Is this only applicable once to a rating affecting a "paired" extremity or should it apply multiple times ?

As a side note, I was rated 0% for degenerative arthritis , right hip extension (claimed as bilateral hip condition) but this bilateral statement is not paired with the "Left" hip extension. 

Following is the definition of Bilateral Factor:

When a veteran has a disability that affects both arms, both legs, or paired skeletal muscles, their overall combined rating must reflect what’s known as the bilateral factor. Specifically, the bilateral factor is defined by statute as existing 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% of this value will be added before proceeding with further combinations.”

Thanks in advance for your comments.

Ray C.

 

[Berta]

These are some good links to the bilateral factor:

https://veterans.perkinslawtalk.com/post/the-bilateral-factor-in-va-ratings/

https://www.hillandponton.com/bilateral-factor-va-disability-rating/

( Matt Hill vet lawyer is a member here)

 

And I dont think this pdf. from the PH has changed since they posted it :

http://www.purpleheart.org/ServiceProgram/Training2012/22-W Bilateral-VA Math.pdf

an you scan and attach here the VA decision and the rating info?

(Cover you C file #, name prior to scanning it)

I am sure VA makes errors on the bilateral factor- but not enough info here to know yet,in your case.

[Ray C]

18 minutes ago, Berta said:

These are some good links to the bilateral factor:

https://veterans.perkinslawtalk.com/post/the-bilateral-factor-in-va-ratings/

https://www.hillandponton.com/bilateral-factor-va-disability-rating/

( Matt Hill vet lawyer is a member here)

 

And I dont think this pdf. from the PH has changed since they posted it :

http://www.purpleheart.org/ServiceProgram/Training2012/22-W Bilateral-VA Math.pdf

an you scan and attach here the VA decision and the rating info?

(Cover you C file #, name prior to scanning it)

I am sure VA makes errors on the bilateral factor- but not enough info here to know yet,in your case.

Berta,

Thanks for the references. I have seen the PH slide show but it's still a bit complicated for me to understand. I have not yet received the rating decision letter. I went onto Ebenefits to see the disability ratings that were decided two days ago.  When I receive the actual letter, I will post on here sans the Personal Information.

Thanks !!!

Ray

[Gastone]

How about posting a redacted copy of your Rating Letter, all pages. The Rater's discussion regarding Rating Decisions, Authorities and Evidence Reviewed, would be very helpful.   

Are you working with a POA-VSO Rep or are did you do a DIY project? Might be prudent to have a sit-down with a POA-VSO Rep to discuss future moves.

You may not be aware that the "Bilateral Rating with the 10% Factor" has been used to determine your CSC. As an illustration, your Bilateral hip SCs are respectively, 20% + 10%= 30% x10% = 3% + 30 = 33%. You won't see this figure on your Rating Letter. it would be in your C-File, that your POA-VSO could view and Print in his office. 

[Ray C]

5 hours ago, Gastone said:

How about posting a redacted copy of your Rating Letter, all pages. The Rater's discussion regarding Rating Decisions, Authorities and Evidence Reviewed, would be very helpful.   

Are you working with a POA-VSO Rep or are did you do a DIY project? Might be prudent to have a sit-down with a POA-VSO Rep to discuss future moves.

You may not be aware that the "Bilateral Rating with the 10% Factor" has been used to determine your CSC. As an illustration, your Bilateral hip SCs are respectively, 20% + 10%= 30% x10% = 3% + 30 = 33%. You won't see this figure on your Rating Letter. it would be in your C-File, that your POA-VSO could view and Print in his office. 

Gastone,

Thanks for the comeback. I understand the Bilateral Factor when there's a situation that only encompasses a left and right extremity. In my case I have multiple SCD's that involves both lower extremities but the Bilateral Factor was only applied once. 

I am awaiting my rating decision letter and if I receive before my leaving town on May 30 for an extended period I will post it here for commentary. 

I do have a VSO and she will sit with me as soon as we both can see the Rater's decisions letter. I just wanted to pose the Bilateral Factor inquiry to have a better understanding. 

Thanks,

Ray C.