Bilateral Rule for VA Benefits: As part of the assessment of a veteran’s disability for monthly compensation benefits, the Department of Veterans Affairs (VA) takes into account a number of factors.
By using diagnostic code numbers, the VA calculates disability ratings accurately, which means if you have disabilities on both sides of your body, the VA will use a special methodology to determine your compensation.
There is a bilateral factor that must be considered when a veteran has a disability that affects both arms, both legs, or paired skeletal muscles.
According to statute, a partial disability is defined as “a disability caused by disease or injury to both arms, both legs, or both pairs of skeletal muscles. The ratings of the right and left sides will be combined as usual, and 10 percent of this value will be added before continuing with further combinations.”
There is no doubt that these situations have a greater impact on veterans: as an example, if a veteran has a disabling condition affecting his or her right arm, then after that his or her left arm becomes disabled, they are severely disadvantaged in their ability to function and work.
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Does the bilateral factor not apply in all cases?
It is important to note that veterans do not have to have the same injury on both sides of their body to qualify for the bilateral factor.
The VA looks at whether a disability affects an upper extremity (such as the arm) or a lower extremity (such as the leg).
The bilateral factor will apply if a veteran has an issue with their right knee and left hip because there is a disability affecting the right lower extremity and left lower extremity. This, however, does not apply to veterans who suffer from conditions affecting their right shoulder and left knee.
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What is the formula for calculating the VA bilateral factor?
VA has changed how they calculate disability ratings for veterans with injuries or diseases in both arms, both legs, or paired muscles.
A veteran with bilateral conditions, such as a right foot and left knee, has a combined rating of 28 percent, which is multiplied by 10 percent to obtain the bilateral factor of 2.8%.
By adding the 2.8 percent to the combined rating of their conditions, we obtain a rounded rating of 31 percent.
Next, you will be asked if you have a spouse, dependents, children, or dependent parents that will contribute to your compensation.
