The Power of Bilateral Factor to Boost Your Disability Rating

Understanding the VA Disability Bilateral Factor can significantly impact veterans seeking compensation for service-related injuries. This often-overlooked aspect of the VA disability rating system can greatly affect a veteran’s benefits. The bilateral factor acknowledges the added challenges faced by veterans with disabilities affecting both sides of their body.

It recognizes how injuries interact, limiting a veteran’s overall functionality. The VA introduced this to ensure veterans with bilateral disabilities receive compensation reflecting their impairment.

It’s essential for veterans navigating VA disability claims to understand this.

What Is the VA Disability Bilateral Factor?

The bilateral factor is a part of VA disability calculations. It offers extra compensation for veterans with disabilities affecting paired limbs or paired skeletal muscles.

It acknowledges that injuries on both sides of the body have a greater impact. This impact is bigger than two unrelated disabilities might have on a veteran’s life.

According to the Code of Federal Regulations (C.F.R.) § 4.26, it applies when “a partial disability results from disease or injury of both arms, or of both legs, or of paired skeletal muscles.” The VA combines ratings for the right and left sides, adding 10% of this combined value before further calculations.

This 10% isn’t a separate rating. It’s part of the overall combined rating, potentially increasing the total disability percentage and monthly compensation.

How Does the Bilateral Factor Work in Practice?

To understand how the bilateral factor affects VA disability ratings, let’s use an example. Imagine a veteran with a 30% disability rating for their right knee and a 20% rating for their left ankle.

Without the bilateral factor, these combine to 44% using VA math. Because these disabilities affect both lower extremities, the bilateral factor applies.

Here’s the process:

1. Combine the two ratings: 30% and 20% combine to 44%.
2. Calculate 10% of the combined rating: 10% of 44% is 4.4%.
3. Add this to the combined rating: 44% + 4.4% = 48.4%.
4. Round to the nearest 10%: 48.4% rounds up to 50%.

The bilateral factor increases the rating from 44% to 50%. This can mean a significant increase in monthly compensation benefits.

Qualifying Conditions for the Bilateral Factor

Not all paired disabilities qualify for the bilateral factor. The conditions must affect both upper extremities, both lower extremities, or paired skeletal muscles.

Common examples include:

• Arthritis in both hands.
• Knee injuries affecting both legs.
• Shoulder conditions on both sides.
• Bilateral hip problems.
• Neuropathy in both feet.

Conditions don’t have to be identical on both sides. A right shoulder injury and a left elbow condition qualify, as both affect upper extremities.

Conditions affecting unpaired body parts, like eyes or ears, don’t qualify. A single bilateral condition, like bilateral flat feet, won’t trigger it unless there’s another rated condition in the corresponding limb.

The 2023 VA Bilateral Factor Rule Change

In April 2023, the VA changed the bilateral factor rules. This update was to provide veterans the most favorable rating.

The VA made this change because, in rare cases, the bilateral factor lowered the overall disability rating. Under the new rules, if the bilateral factor lowers a veteran’s combined rating, the VA excludes those bilateral disabilities.

This ensures veterans receive the highest rating. This change helps veterans with ratings near 100%, where the bilateral factor could push the rating over 100%, which is not allowed, resulting in a lower rating after rounding.

Understanding the VA Disability Bilateral Factor in Complex Cases

The bilateral factor concept seems simple, but it can be complex with multiple disabilities. Consider a veteran with these service-connected conditions:

• Right shoulder injury: 20% rating
• Left wrist condition: 10% rating
• Tinnitus: 10% rating
• PTSD: 30% rating

The bilateral factor applies to shoulder and wrist conditions, affecting both upper extremities. Here’s the calculation:

1. Combine bilateral conditions: 20% and 10% combine to 28%.
2. Apply the bilateral factor: 10% of 28% is 2.8%, so 28% + 2.8% = 30.8%.
3. Round this to 31%.
4. Combine with other conditions: 31% combines with 10% for tinnitus, totaling 38%.
5. Finally, combine 38% with 30% for PTSD.
6. The final combined rating is 57%, rounding to 60%.

Without the bilateral factor, the rating would be 50%. This shows how the bilateral factor can greatly impact a veteran’s rating, especially with multiple service-connected conditions and Veterans Affairs calculations.

Common Mistakes in Applying the Bilateral Factor

Several common misunderstandings about the bilateral factor exist. Some of these errors include the below.

Here is a table outlining those common mistakes in applying the Bilateral Factor, along with their respective corrections.

Mistake	Correction
Assuming it applies to any two disabilities	The bilateral factor only applies to disabilities affecting paired extremities or muscles.
Forgetting to include all eligible conditions	Veterans or VA raters might overlook a condition that should be in the bilateral factor calculation. Ensure a complete review to include everything.
Misapplying VA math	The complexities of VA math can lead to errors, especially with the bilateral factor. Take time when reviewing the math.
Not considering the 2023 rule change	Veterans with claims before 2023 might not know their ratings could increase under new rules.

The Impact of the Bilateral Factor on Total Disability Individual Unemployability (TDIU)

The bilateral factor helps veterans qualify for Total Disability Individual Unemployability (TDIU). TDIU lets veterans receive compensation at the 100% rate, even if their combined rating is less than 100%, if their conditions prevent employment and they meet other unemployability rating guidelines.

To be eligible for TDIU, a veteran usually needs:

• One service-connected disability rated at 60% or more, OR
• Two or more service-connected disabilities, one rated at 40% or more, and a combined rating of 70% or more.

The bilateral factor can raise a veteran’s rating. For example, bilateral knee conditions might increase a rating from 65% to 70%, making them eligible for TDIU.

The bilateral factor helps meet percentage requirements but doesn’t guarantee approval. The VA checks if disabilities prevent substantially gainful employment.

Maximizing Your VA Disability Benefits

Understanding the VA Disability Bilateral Factor is one part of getting full compensation. You may also want to explore a Blue Water Navy claim if you served on ships and were potentially exposed to Agent Orange. You may also want to do a VA backpay estimator to find out an estimated timeline.

Here are more steps to maximize your VA disability benefits:

1. Keep detailed records of medical treatments and how disabilities affect daily life. This is especially important for potential exposure sites on a military base.
2. Consider secondary service connection for conditions resulting from primary service-connected disabilities.
3. Stay informed about changes in VA regulations affecting your benefits and research specific exposures, such as burn pit exposure or water contamination.
4. File a claim if your rating doesn’t reflect the severity of your disabilities. A disability calculator or disability benefits questionnaire can provide more insight here.

The VA compensation system compensates for the impact of service-connected conditions. Understanding the bilateral factor ensures you receive the compensation earned through service.

Conclusion

Understanding the VA Disability Bilateral Factor is key for veterans seeking fair compensation. This recognizes the impact of disabilities on both sides of the body, increasing a veteran’s rating and compensation.

From basic to complex cases, the bilateral factor significantly affects benefits. The 2023 rule change shows the VA’s commitment to favorable ratings.

Effective use of the bilateral factor involves documentation, applying VA regulations, and advocating for veteran rights. Keep the bilateral factor in mind—it could make a big difference. You’ve earned these benefits; seek help if needed and understand your VA disability rating.