Living with a disability in one leg or arm is hard enough – daily tasks like walking up stairs and buttoning a shirt aren’t so simple anymore. But when disabilities affect both sides of your body, your ability to do these simple tasks or support yourself may become even more limited.
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The VA understands that veterans in this situation face added obstacles, and that’s where the VA bilateral factor comes in. If you’re dealing with a disability on both the right and left sides of your body or in paired skeletal muscles, you may qualify. This article explains what the bilateral factor is, who qualifies, and how to use our VA bilateral factor calculator.
In this article about the VA bilateral factor:
What is the VA bilateral factor?
The bilateral factor allows the VA to assign a more appropriate disability rating to veterans with disabilities affecting both sides of the body. “The purpose of the bilateral factor is to compensate veterans for additional disabilities and their restrictions, and the ability to function in their everyday life,” explained VA disability lawyer Krystal Lechner.
In simple terms, the bilateral factor recognizes that a disability affecting your right wrist and left shoulder, for example, further restricts your ability to function in everyday life. A veteran with a fully working left arm would likely use their right arm to help compensate for the disability. If both arms are affected, the veteran’s ability to do activities like lift, tie, pull, carry, or push becomes more limited.
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Ratings for the disabilities of the right and left sides or paired muscles will first be evaluated and combined as usual. Then, 10% of the value of the combined rating will be added (not combined) before proceeding with further combinations. The bilateral factor essentially raises a combined disability rating by 10% in cases where both arms, both legs, or paired skeletal muscles are partially disabled to compensate for the additional hardship of bilateral disabilities.
Because VA ratings are rounded, this additional value could make a difference by increasing your overall rating and monthly compensation.
Who is eligible for the VA bilateral factor?
For the VA, the term bilateral means both sides of the body. But there are a few other factors to consider when considering whether you are eligible for the bilateral factor.
To qualify for the VA bilateral factor you must meet the following criteria:
- You have a disability on both sides of your body
- Your disabilities affect paired body parts (both arms, both legs, or paired skeletal muscles)
- Your disabilities are service connected
You do not need to have identical disabilities on both sides of your body to be eligible for the bilateral factor. However, having an issue with a right arm and a left leg would not qualify because your arm and leg are not paired body parts.
Although not a comprehensive list, below are examples of cases where the bilateral factor could be applied:
- Arthritis in the right hand, elbow tendonitis (tennis elbow) on the left
- A wrist condition or wrist pain on both the right and left sides
- Hip strain on both sides
- Ankle pain on one side and two flat feet
- Knee pain from arthritis in both knees
VA bilateral factor calculator
VA math can be complicated, and we don’t expect you to be able to calculate your own disability rating, especially when the bilateral factor is applied. Instead, use our easy VA benefits rating calculator. If your disabilities are affected by the bilateral factor, the calculator will automatically factor it in.
As previously mentioned, it’s important to know the bilateral factor only applies to disabilities that affect paired skeletal muscles, both arms, or both legs, such as the right knee and left ankle. The bilateral factor would also not take into consideration a rating for an unrelated condition, like sinusitis, for example.
VA disability lawyer Krystal Lechner explains, “For example, if you have a veteran who’s got a right wrist disability that’s 30% disabling and a left elbow condition that’s 10% disabling and then you have an unrelated condition such as tinnitus, that’s 10% disabling. The bilateral factor is going to be applied to those arm conditions because you have conditions on both sides of the body. So you combine the right wrist and the left elbow, making a combined rating of 37% under the rating table.” Our VA bilateral factor calculator is designed to calculate this for you and help you figure out what your final overall rating should be.
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D.B.
2023 bilateral factor rule change
The purpose of the bilateral factor is to further compensate veterans for additional restrictions they may face. However, the VA found that in rare cases, applying the bilateral factor yields a lower (and less desirable) disability rating than if it were not applied.
Therefore in 2023, the VA made a rule change to ensure that veterans get the highest rating possible.
Now, if the bilateral factor lowers a veteran’s combined ratings evaluation, the disabilities that affect those extremities should be excluded from the bilateral factor calculation. In most cases, the bilateral factor had a negative effect only when combined ratings approached 100%.
What can I do if my bilateral disability keeps me from working?
Sometimes, the pain, loss of range of motion, and mental health consequences of bilateral arthritis, plantar fasciitis, pain, or more can make it difficult or even impossible to work.
Veterans with service-connected disabilities who are unable to maintain substantially gainful employment could be eligible for total disability based on individual unemployability (TDIU).
Veterans who receive TDIU benefits are compensated at the same level as those with a 100% disability rating, even though their combined rating is below 100%.
Veterans will typically be eligible for TDIU if they have:
- One service-connected disability rated at 60% or more disabling OR
- Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more
How Woods and Woods can help
The VA-accredited attorneys at Woods and Woods have helped thousands of veterans nationwide get the disability benefits they deserve. Call us today for a free case evaluation. You won’t pay us a dime unless we win your case.
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FREQUENTLY ASKED QUESTIONS
A 2023 rule change ensured that the bilateral factor only be used when it either benefits a veteran or does not change their rating.
Ratings for the disabilities of the right and left sides or paired muscles will first be evaluated and combined as usual. Then, 10% of the value of the combined rating will be added (not combined) before proceeding with further combinations. The bilateral factor essentially raises a combined disability rating by 10% in cases where both arms, both legs, or paired skeletal muscles are partially disabled in order to compensate for the additional hardship of bilateral disabilities
Neil Woods
VA disability lawyer
Woods and Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
