The A - Z Guide: Veterans VA Disability Benefits
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The Effect of Bilateral Factor
38 CFR 4.26 - Bilateral factor.
Bilateral Factor
CAUTION!
Very tricky VA math at work ahead, wear protective headgear.
The reader wrote to ask;
I recently applied for an increase to my disabilities. Everything was
going great and the Cleveland; Ohio VA Regional Office granted my
increases. According to the VARO, I went from a 70% rating to 80%
during the first round of awards. The VARO divided my request for
increase into two rounds of appointments and awards. While waiting for
the second award, I was sure the VARO would increase to 90% due to the
disabilities still being reviewed. When I got my second award letter
they had changed a few numbers to suit the calculation and insisted I
was going to remain at 80%. I looked over everything they did and
requested a re-comp of the rates.
My individual rates are 30, 30, 10, 10, 10, 10, 10, 10, 10, 10, and
10. Six of the 10% ratings are bilateral and thus require an
additional Bilateral Factor. In the letter from the VARO they
explained that my six bilateral conditions became 47%, plus a
Bilateral Factor of 4.7 to make the final percent 51.7% rounded up to
52%.
This is where they (VARO, Ohio) do the funny math. They explained to
me in this letter that my rates are 52, 30, 30, 10, 10, and 10, which
equates to 82% rounded to 80% for a final disability rating.
What happen to the six 10’s? Shouldn't they have become 60% plus a
Bilateral Factor?
How does anyone get a Bilateral Factor of 4.7 from
60?
going great and the Cleveland; Ohio VA Regional Office granted my
increases. According to the VARO, I went from a 70% rating to 80%
during the first round of awards. The VARO divided my request for
increase into two rounds of appointments and awards. While waiting for
the second award, I was sure the VARO would increase to 90% due to the
disabilities still being reviewed. When I got my second award letter
they had changed a few numbers to suit the calculation and insisted I
was going to remain at 80%. I looked over everything they did and
requested a re-comp of the rates.
My individual rates are 30, 30, 10, 10, 10, 10, 10, 10, 10, 10, and
10. Six of the 10% ratings are bilateral and thus require an
additional Bilateral Factor. In the letter from the VARO they
explained that my six bilateral conditions became 47%, plus a
Bilateral Factor of 4.7 to make the final percent 51.7% rounded up to
52%.
This is where they (VARO, Ohio) do the funny math. They explained to
me in this letter that my rates are 52, 30, 30, 10, 10, and 10, which
equates to 82% rounded to 80% for a final disability rating.
What happen to the six 10’s? Shouldn't they have become 60% plus a
Bilateral Factor?
How does anyone get a Bilateral Factor of 4.7 from
60?
I answered;
It's no surprise to you that you've hit upon one of the trickier parts of VA math.
Let's begin with the Bilateral Factor rules:
38 CFR Book C Schedule for Rating Disabilities
Subpart A - General Policy in Rating
§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.
(c) The bilateral factor is not applicable unless there is partial
disability of compensable degree in each of 2 paired extremities, or
paired skeletal muscles.
You had 6, 10% conditions. Using the CRT that adds up to 47%. (The 6,
10's aren't 60%, you must use the CRT
http://edocket.access.gpo.gov/
10 + 10 = 19 (2 tens)
10 + 19 = 27 ( 3 tens)
10 + 27 = 34 (4 tens)
10 + 34 = 41 (5 tens)
10 + 41 = 47 (6 tens accounted for)
The bilateral factor of 10% would then be 4.7 to = 51.7 rounding up to 52.
52 + 30 = 65 (Round up to 70) (The first 30)
70 + 30 = 79 (Round up to 80) (The second 30)
I don't understand how anyone arrived at 52, 30, 30, 10, 10 and 10...in a setting of Bilateral Factor usage, the 10's would be the first ratings addressed just as as I did. However, the resulting number is the same. You're at 80%.
You're now eligible to apply for 100% IU.
Veterans Day Parade, Beaufort, SC 2007