How the Bilateral Factor Affects Your VA Disability Calculation

Understanding the intricacies of VA disability calculations is vital for veterans seeking accurate compensation. One often-overlooked aspect is the bilateral factor, a nuanced calculation that can significantly impact a veteran’s disability rating. Leah Bucholz from Prestige Veteran and Rebecca C. Y. Deming, founder and Principal Attorney in ProVet Legal analyze what the bilateral factor is, how it integrates into VA math, and why it matters in determining disability compensation.

What Is the Bilateral Factor?

The bilateral factor is a rule within VA disability math that provides an additional benefit to veterans who have disabilities affecting both upper or both lower extremities. The principle behind this rule is that injuries to both sides of the body cause greater overall impairment compared to injuries on just one side. For example:

• A veteran with injuries to both arms will find tasks requiring manual dexterity more challenging.
• Similarly, injuries to both legs can severely hinder mobility and balance.

The bilateral factor accounts for this added impact by granting a slight increase in the disability rating. Importantly, the injuries don’t need to be identical. For instance, a right shoulder injury and a left wrist injury qualify for the bilateral factor because they affect both arms.

Recap: How VA Math Works

Before diving deeper into the bilateral factor, it’s essential to understand how VA combines disability ratings. Rebecca explains that the VA doesn’t simply add percentages together; instead, it uses a “whole-person” approach:

1. Start with a whole person (100%).
2. Deduct the percentage of the first disability from 100%.
   Example: If the highest disability is 50%, the remaining whole person is 50%.
3. Apply the next disability as a percentage of the remaining whole person.
   Example: If the next disability is 30%, it applies to the remaining 50%, resulting in a 15% addition (50% × 0.3 = 15%).

This process continues for additional disabilities. While tools like VA disability calculators simplify the process, understanding the method helps veterans verify their ratings.

How the Bilateral Factor Fits into VA Math

The bilateral factor comes into play after combining disabilities using the VA math method. Once the total percentage for qualifying bilateral disabilities is calculated, the VA adds 10% of that total to the final combined rating.

For example:

• A veteran has a 30% rating for the right leg and 20% for the left leg.
• Using VA math, these combine to 44%.
• The bilateral factor adds 10% of 44 (4.4), bringing the total to 48.4%.
• After rounding, the final rating is 50%.

This slight increase can make a substantial difference in compensation, especially if it pushes the rating into the next higher percentage bracket.

Conditions That Qualify for the Bilateral Factor

Rebecca notes that to qualify, the conditions must affect both upper extremities, both lower extremities, or paired skeletal muscles. Common examples include:

• Orthopedic Injuries: Joint or limb issues such as a right knee injury combined with a left ankle injury.
• Nerve Conditions: Bilateral neuropathy or radiculopathy.
• Other Paired Conditions: Conditions like flat feet (bilateral pes planus) may qualify if another condition exists in either leg.

Conditions That Do Not Qualify

• Paired organs such as eyes or ears are excluded. Bilateral hearing loss or vision impairment doesn’t trigger the bilateral factor.
• Single bilateral conditions rated as one disability, like bilateral flat feet, won’t qualify unless another rated condition exists in a corresponding limb.

Why the Bilateral Factor Matters

The bilateral factor’s significance lies in its ability to elevate a veteran’s combined rating. A small change in the percentage can mean:

1. Higher Compensation: A 64% rating rounds down to 60%, while 65% rounds up to 70%. This change results in a notable increase in monthly compensation.
2. Accurate Reflection of Disability: Veterans with bilateral conditions often face compounded difficulties that deserve recognition in their ratings.

Examples of Bilateral Factor Calculations

Lower Extremities

• Conditions: 30% for right leg, 20% for left leg.
• VA Math:
  • Combined rating (without bilateral factor): 44%.
  • Add bilateral factor: 10% of 44 = 4.4.
  • New total: 48.4%, rounded to 50%.

Upper Extremities

• Conditions: 20% for right arm, 10% for left shoulder.
• VA Math:
  • Combined rating (without bilateral factor): 28%.
  • Add bilateral factor: 10% of 28 = 2.8.
  • New total: 30.8%, rounded to 31%.

Mixed Extremities

• Conditions: Right shoulder injury (30%) and left knee injury (20%).
• Result: These conditions do not qualify for the bilateral factor because they do not involve paired extremities.

Common Mistakes in Bilateral Factor Applications

1. Misidentification of Paired Conditions: Veterans may assume that conditions like hearing loss or vision problems qualify, but they do not.
2. Failure to Include All Ratings: All bilateral conditions must be included in the calculation for the proper increase.
3. Errors in VA Math: Incorrect application of the whole-person approach or omission of the bilateral factor can lead to underestimations of the disability rating.

Tools to Simplify the Process

For veterans who find VA math and bilateral factor calculations overwhelming, resources are available:

• Online Calculators: Websites like ProVet Legal provide tools where veterans can input their ratings and automatically see the impact of the bilateral factor.
• Professional Assistance: Accredited attorneys, claims agents, or Veteran Service Organizations (VSOs) can help verify calculations and ensure accuracy.

Conclusion

The bilateral factor is a vital component of VA disability ratings for veterans with bilateral conditions. By understanding how it works and ensuring its proper application, veterans can maximize their compensation and ensure a fair assessment of their disabilities. Using tools, resources, and professional assistance can simplify the process and eliminate potential errors.

For more information, consider consulting with a VA disability attorney or exploring online tools to calculate your ratings accurately.

Also read: How to Calculate Your VA Disability Rating

At Prestige Veteran Medical Consulting, a veteran-owned company, we specialize in Independent Medical Opinions (IMOs) known as Nexus letters.

Our purpose is to empower YOU, the veteran, to take charge of your medical evidence and provide you with valuable educational tools and research to guide you on your journey.

Understanding the unique challenges veterans face, our commitment lies in delivering exceptional service and support.

Leveraging an extensive network of licensed independent medical professionals, all well-versed in the medical professional aspects of the VA claims process, we review the necessary medical evidence to incorporate in our reports related to your VA Disability Claim.

Prestige Veteran Medical Consulting is not a law firm, accredited claims agent, or affiliated with the Veterans Administration or Veterans Services Organizations. However, we are happy to discuss your case with your accredited VA legal professional.