The Bilateral Factor & Your VA Disability Rating (2024)

When rating a veteran’s disability for monthly compensation benefits, the Department of Veterans Affairs considers a number of factors. Every impairment is different. So, it’s important that the VA calculates your disability rating accurately through the use of diagnostic code numbers. And if you have a disability on both sides of your body, the VA will use what’s known as the bilateral factor in these calculations.

This guide will break down the basics of the bilateral factor and how it relates to your VA disability claim.

What Is The VA Bilateral Factor?

When a veteran has adisabilitythat affects both arms, both legs, or paired skeletal muscles, their overall combined rating must reflect what’s known as the bilateral factor. Specifically, the bilateral factor is defined by statute as existing 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% of this value will be added before proceeding with further combinations.”

What is the reason behind the bilateral factor? The law recognizes that these situations are much more limiting on a veteran. If a veteran has a disabling condition affecting his right arm, and then his left arm becomes disabled, he isseverely limitedin his ability to function. A veteran with a disability affecting only his left arm has his right arm to use for daily tasks. However, a veteran with a disability in both arms is able to do far less. The bilateral factor’s purpose is to compensate a veteran for the additional loss of their ability to function as a result of both sides of their body being affected.

It is important to note that a veteran does not have to have the same disability on both sides in order for the bilateral factor to apply.VA disability ratings look at whether an upper extremity (such as the arm), or a lower extremity (such as the leg) are affected by a disability. The bilateral factor will apply as long as the veteran has disabilities affecting the left and right upper extremities or the left and right lower extremities. For example, the bilateral factor will still apply if a veteran has a right knee condition and a left hipconditionbecause there is a disability affecting the right lower extremity and a disability affecting the left lower extremity. However, the bilateral factor would NOT apply if a veteran has a right shoulder condition and left knee condition.

The Bilateral Factor & Your VA Disability Rating (1)

How The VA Calculates Bilateral Factor

VA math and ratings tables are complicated enough for “basic” orthopedic issues, and throwing the bilateral factor into the mix can further complicatethings. The 10 percent rating associated with the bilateral factor isn’t treated as though the veteran has another condition rated at 10%. Instead, the 10% is applied to the veteran’s combined rating for their service-connected disabilities, with the resulting number added to the combined rating. Let’s look at this step by step with an example. A veteran with a right foot condition and a left foot condition has a combined rating of 60%. In this example, the veteran would have a bilateral factor of 6% (60% multiplied by 10%). This 6% is then added to the 60% for an overall combined rating of 66%. The 66% is then rounded up to 70%. This example shows how powerful the bilateral rating can be. With the bilateral factor applied, the veteran now meets the schedular rating requirements forindividual unemployability.

The math gets even more complicated when a veteran has service-connected conditions that are bilateral in addition to service-connected disabilities that aren’t bilateral. When a veteran has bilateral service conditions (for example, a leftfootcondition and a right knee condition) and also has service conditions that aren’t bilateral (for example, a back condition) the bilateral factor is calculated based on the combined rating of thebilateral conditions only. Once the bilateral factor is calculated it is added to the combined rating of the bilateral conditions. The resulting number is then combined with the non-bilateral condition to get the veteran’s final combined rating. Let’s break this down step by step by looking at another example Now, let’s say the veteran has aback condition(rated at 40%), a right foot condition (rated at 20%) and left knee condition (rated at 10%). The following steps illustrate how this veteran’s final combined rating will be calculated taking the bilateral factor into account:

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The Bilateral Factor & Your VA Disability Rating (2)

VA Disability Rating with Bilateral Factor

  1. The combined rating of the veteran’s bilateral conditions (right foot and left knee) is 28%. For more information on how to calculate this number clickhere.
  2. To get the bilateral factor we take 28% and multiply it by 10%. This gives the veteran a bilateral factor of 2.8%.
  3. We take the 2.8% and add it to the combined rating of the veteran’s bilateral conditions (2.8% + 28%). This gives us a combined rating of 31% for the veteran’s bilateral conditions. The 31% is the result of rounding 30.8% to the nearest whole number.
  4. To get the veteran’s final combined rating we combine the 31% with the veteran’s back condition rated at 40%. This gives us 58.6, or 60%.

Overall, the bilateral factor has the effect of increasing a veteran’s combined rating. The steps are complicated, but the reasoning is simple: veteran’s with bilateral conditions are severely limited in their ability to function. Luckily, the math behind bilateral factors and combined ratings can be done easily by usingour VAdisability calculator. By typing in the percentages and extremities affected, the disability calculator automatically applies the bilateral factor when applicable.

Have Questions About VA Disability Benefits for Bilateral Disabilities?

If the VA denied your disability claim, or you’d like to appeal for a higher rating, the team at Hill and Ponton may be able to help. Our law firm helps veterans and their family members obtain VA disability compensation, putting client relationships at the forefront of our practice.Contact ustoday for a free case evaluation.

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The Bilateral Factor & Your VA Disability Rating (6)

Anne Linscott, Attorney

Anne attended law school at St. Mary’s University School of Law in San Antonio. While in law school, Anne was a research fellow for a professor who provided free legal counsel for military personnel believed to have been wrongly accused while at war. Inspired in helping our soldiers, she joined the Hill & Ponton team to practice veterans' disability law.

The Bilateral Factor & Your VA Disability Rating (2024)

FAQs

What does bilateral mean for the VA? ›

The bilateral factor refers to when a veteran has a disability that affects both arms, both legs, or paired skeletal muscles. In these instances, the ratings will be combined, for the left and right sides, and 10 percent will be added.

What is the VA disability rating for bilateral hip pain? ›

30% – minimum rating.

What is the VA rating for bilateral plantar fasciitis? ›

Ratings For Plantar Fasciitis

30% – Veterans can receive the 30 percent rating for plantar fasciitis that affects both feet and is not responsive to treatment. 20% – Veterans can receive the 20 percent rating for plantar fasciitis that affects one foot and is not responsive to treatment.

What is the maximum VA rating for bilateral hearing loss? ›

The VA Schedule of Ratings Disabilities shows that mild or moderate hearing loss can range from 0% to 10%, while severe hearing loss may range from 30% to 50%. The rating for tinnitus is 10%, which is assigned regardless of whether it affects one or both ears.

How does the VA rating bilateral knee pain? ›

VA's Bilateral Factor Rule: When Both Knees Have Disabilities. VA recognizes that if veterans have a disability that affects both knees, the ability to function on daily basis is going to be even more limited. In this case, VA will combine the ratings of the left and right knees and add an additional 10 percent.

What is the highest VA rating for radiculopathy? ›

VA Ratings for Cervical and Lumbar Radiculopathy

Most veterans receive a rating of 10 to 20 percent. Higher ratings are reserved for more severe cases.

Can arthritis be service-connected? ›

But arthritis can also be presumptively service-connected. According to the VA regulations, if your symptoms of arthritis appear within one year of discharge from service and qualify for at least a 10% VA disability rating, the presumption of service connection applies.

What is the VA rating for shoulder pain? ›

Can I get VA Disability for shoulder pain? Yes, as long as the shoulder pain is service-connected, you can qualify for VA Disability. It will be rated the minimum 10% unless there is limited motion that qualifies for a higher rating.

How much does VA give for hip pain? ›

For one year following a hip replacement operation, the VA's degree of disabled for hip pain caused by the hip replacement schedule is 100%. You qualify for at least 30% VA disability compensation for hip pain after a knee or joint surgery. If you have a hip replacement, the VA will consider you disabled for one year.

What is the VA rating for hip pain? ›

VA disability rating for hip pain caused by hip replacement schedule is 100% for one year following the hip replacement surgery. A hip replacement surgery qualifies you for a minimum 30 percent VA disability rating for hip pain. As noted, the VA considers you totally disabled for one year after your hip replacement.

Can hip pain be secondary to knee pain? ›

Knee pain is very common among veterans, often due to the physicality of military service. Knee pain can also cause hip pain, or other hip conditions.

Can I get VA disability for both flat feet and plantar fasciitis? ›

If you have plantar fasciitis in one foot, you may be eligible for VA disability rating for foot pain of 20%. If both of your feet are affected, you may qualify for a VA disability rating of 30%.

What is the highest VA rating for plantar fasciitis? ›

As of February 2021, plantar fasciitis now has a Diagnostic Code and ratings that range from 10% to 40%. The breakdown of these ratings is as follows: 10% – this rating is applied to cases of plantar fasciitis classified as otherwise and can apply to one or both feet.

What is the highest rating for plantar fasciitis? ›

TDIU for Plantar Fasciitis

Because the maximum rating for this foot injury is 40 percent, veterans applying for TDIU must have at least a 60 percent disability rating from one or more primary or secondary conditions to qualify for TDIU.

How do I get my VA rating for bilateral hearing loss? ›

Bilateral hearing loss refers to loss of hearing in both ears. For VA purposes, veterans must undergo a hearing exam by a licensed audiologist in order to be diagnosed with hearing loss through the VA and then subsequently service-connected. That audiologist is going to administer two separate tests for VA.

How much is disability for anxiety? ›

The 70 percent disability rating criterion for depression and anxiety is the most inclusive insofar as it represents a wide array of symptoms, including a progression of symptoms noted in the lower disability ratings.

What is the average disability rating for hearing loss? ›

Typical disability ratings for hearing loss range from zero to 10 percent. However, more severe hearing losses may qualify for higher ratings. Zero percent disabilities are commonly assigned for hearing loss. Zero percent doesn't mean there is no hearing loss, however.

What percentage of disability is knee surgery? ›

The VA rates knee replacements under 38 C.F.R. § 4.71a Code 5055. The rating criteria ranges from 100 percent to 30 percent disabling. The 30 percent rating is the minimum rating for a knee replacement, meaning if you had a knee replacement and it is service-connected, you will be rated at least at 30 percent.

How Much Does VA pay for back pain? ›

VA disability ratings for back pain can range from 10% to 100%, depending on the severity of the pain, the range of motion the veteran is left with, and the frequency of the pain.

Can knee pain be secondary to back pain? ›

Yes. The sciatic nerve, which is one of the spinal nerves, connects from your low back, through your leg into your knee. Sciatica feels like a shooting pain running from your lower back, down your leg, and can contribute to knee pain.

How do you prove radiculopathy? ›

Your doctor may take several steps to diagnose radiculopathy:
  1. A physical exam and physical tests may be used to check your muscle strength and reflexes. ...
  2. Imaging tests, such as an X-ray, CT scan or MRI scan, are used to better see the structures in the problem area.

What is the difference between radiculopathy and sciatica? ›

Radiculopathy is the term used to describe the symptoms of nerve root irritation, which can include pain, numbness, tingling and weakness. Sciatica refers to a common type of radiculopathy that results in pain from the back to the buttocks and or legs.

What is VA rating for insomnia? ›

Therefore, the disability will be rated by analogy to mental health disorders. 38 C.F.R. § 4.20 (2013). In an October 2012 rating decision, the RO granted an increased disability rating of 10 percent for insomnia, effective July 9, 2012.

What is the average VA rating for arthritis? ›

Degenerative arthritis, caused by overuse of the joints or an injury, is the most common form of arthritis in veterans and is rated under Diagnostic Code 5003. Veterans receive either a 10% or 20% rating depending on the severity of their symptoms and the number of joints affected.

Is erectile dysfunction a VA disability? ›

Yes, Erectile Dysfunction (ED) is a VA disability and is assigned a 0% rating under Special Monthly Compensation (SMC) Category K. Normally, the VA will grant a 0% service connected VA rating for Erectile Dysfunction unless you are eligible under the other Diagnostic Codes (DCs) listed above.

What is the VA rating for degenerative arthritis? ›

Degenerative Arthritis (Diagnostic Code 5003)

Degenerative arthritis will be rated at 10 or 20 percent based upon the number of joints/joint groups affected and the level of incapacitation. VA requires that limitation of motion be confirmed by observations such as swelling, muscle spasms, or evidence of painful motion.

How much disability will I get for shoulder injury? ›

If you need to have your shoulder replaced, you will likely receive 100% disability for one year after your surgery. After you've healed, the VA will give you a permanent disability rating based on your level of function. This rating could be 30% - 60%.

What is the average impairment rating for rotator cuff surgery? ›

The default rating for a full-thickness rotator cuff tear is five percent, according to Table 15-5, page 403. The default rating for an impingement syndrome is three percent, according to the same table at page 402.

What is the VA disability rating for neck pain? ›

Ratings for neck pain can be anywhere from 10-percent to 100-percent, if the condition is severe enough and involves the entire spine, rather than only the cervical spine. Most neck ratings fall between 10-percent and 30-percent, depending on your range of motion limitations, including painful motion.

Is knee pain a VA disability? ›

Limitation of Flexion of the Knee (Diagnostic Code 5260)

This refers to the range of motion a person has when their knee is moving towards the body. This is the most common knee problem eligible for VA disability benefits, with ratings that typically range from 10% to 30%.

What is secondary to knee pain? ›

TDIU and Conditions Secondary to Knee Pain

TDIU, is a monthly VA benefit that compensates veterans at the 100 percent level if they are prevented from finding or maintaining substantially gainful employment because of their conditions.

Is hip pain a disability? ›

Does Your Impairment Meet a Disability Listing? While there is no specific disability listing for a degenerative hip joint, the condition is likely to be considered an abnormality of a major joint, which is the subject of listing 1.18 of Social Security's listings.

Does arthritis qualify for VA disability? ›

The Department of Veteran Affairs (VA) grants VA disability to those who have arthritis, yet the degree of benefits varies depending on the type and intensity of the arthritis. If you experience arthritis due to your time in the service, you may be eligible to make an arthritis claim and be awarded compensation.

Can you get disability if you have arthritis in your hips? ›

SSA recognizes inflammatory arthritis could qualify as a disabling disease if it is accompanied by the following findings. Deformity or swelling of an ankle, knee, or hip joint with: At least two of the following symptoms: fever, loss of weight, fatigue, or a general feeling of discomfort.

Can hip pain be secondary to back pain? ›

How Is Hip Pain Rated Secondary to Back Injury? Hip pain can be related to back injury due to several pre-existing injuries, like degenerative disc disease (also called osteoarthritis of the spine). However, any major back injury may lead to hip injury over time.

What causes hip pain that radiates down the leg to foot? ›

Sciatica. This one is often the most common cause of hip pain being funneled down your leg. Sciatica refers to the sciatic nerve that runs between your hip and down each leg. To be exact, it runs down the back or your hip and the front, back, and sides of your leg.

What causes pain on outside of leg from hip to knee? ›

The most likely is a condition called iliotibial (IT) band syndrome. This condition can cause pain from the hip to the knee on the outside of your leg, but it can also cause several other symptoms, too.

What causes hip pain that radiates down the leg at night? ›

The most common causes are bursitis, osteoarthritis, sciatic-piriformis syndrome and tendonitis. Other causes include injury to your muscles or soft tissues, pregnancy, the position you sleep in and your bed or pillows.

What is the highest VA rating for flat feet? ›

A maximum 50 percent disability rating is assigned where the bilateral flat foot is shown to be pronounced with marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo Achillis on manipulation, not improved by orthopedic shoes or appliances.

How much does the VA give for flat feet? ›

50% Flat Feet Rating

Veterans who have pronounced bilateral flat feet are rated at 50 percent. Veterans with pronounced unilateral (only one foot), are rated at 30 percent.

How Much Does VA pay for plantar fasciitis? ›

30% – Veterans can receive the 30 percent rating for plantar fasciitis affecting both feet and is not responsive to treatment. 40% – Veterans who lose the use of a foot because of plantar fasciitis can be awarded a 40 percent rating under diagnostic code 5167.

Can plantar fasciitis be a permanent disability? ›

Far from being a permanent or chronic condition, plantar fasciitis typically responds well to treatment. Most people recover completely with a few months of conservative treatment. And, you have lots of options available to you. Many cases of plantar fasciitis respond positively to conservative treatment strategies.

How much VA disability do you get for foot pain? ›

Under that code, foot injuries are rated at 40 percent for actual loss of use of the foot, 30 percent if injury is severe, 20 percent if moderately severe, and 10 percent if moderate.

How does the VA rate anxiety and depression? ›

A VA rating for anxiety, depression, and/or adjustment disorder is stated as a percentage, from 0% to 100%. These ratings mainly look at your occupational and social functioning, although your ability to take care of yourself (hygiene, grooming) is also considered.

What is the VA disability rating for bilateral plantar fasciitis? ›

An initial disability rating of 50 percent for bilateral plantar fasciitis is granted.

How do you prove plantar fasciitis? ›

Plantar fasciitis is diagnosed based on your medical history and physical examination. During the exam, your health care provider will check for areas of tenderness in your foot. The location of your pain can help determine its cause.

Is sleep apnea a VA disability? ›

If you developed sleep apnea during your military service, you could be eligible to receive disability benefits. But there are several challenges to winning veterans (VA) disability for sleep apnea, and many veterans receive denials after they apply.

How is combined VA disability percentage calculated? ›

You start with your efficiency rate of 100, multiply it by your disability rating, then subtract the result from your original rating. In this case, you would multiply 30% times 100 and get 30. You subtract that from 100 and come up with 70. Your new efficiency rating is 70, and your disability rating is 30.

How much is VA disability for hip pain? ›

VA disability rating for hip pain caused by hip replacement schedule is 100% for one year following the hip replacement surgery. A hip replacement surgery qualifies you for a minimum 30 percent VA disability rating for hip pain. As noted, the VA considers you totally disabled for one year after your hip replacement.

What is the VA rating for shoulder pain? ›

Can I get VA Disability for shoulder pain? Yes, as long as the shoulder pain is service-connected, you can qualify for VA Disability. It will be rated the minimum 10% unless there is limited motion that qualifies for a higher rating.

Why does VA combine claims? ›

The secret to understanding combined ratings is this: VA does not add each of a veteran's ratings together, it combines them to determine what percentage of the veteran is disabled, and what percentage is not disabled.

How much is disability for anxiety? ›

The 70 percent disability rating criterion for depression and anxiety is the most inclusive insofar as it represents a wide array of symptoms, including a progression of symptoms noted in the lower disability ratings.

What do I say to get 70 PTSD compensation? ›

Per VA's rating criteria, a 70% PTSD rating reflects that you display impairment in most areas such as, work, school, family relations, judgment, thinking, and mood. 70% PTSD rating lists several symptoms that affect occupational and social function.

What does 80% VA disability get you? ›

About 80 Percent VA Disability Ratings

Veterans that obtain an 80 percent VA Disability rating receive $1,778.43 a month from the Veterans Administration. Eligible disabled veterans may also be able to receive extra monthly compensation for dependent children and parents.

Is erectile dysfunction a VA disability? ›

Yes, Erectile Dysfunction (ED) is a VA disability and is assigned a 0% rating under Special Monthly Compensation (SMC) Category K. Normally, the VA will grant a 0% service connected VA rating for Erectile Dysfunction unless you are eligible under the other Diagnostic Codes (DCs) listed above.

What is the VA disability rating for arthritis? ›

How Arthritis Is Rated. Degenerative arthritis, caused by overuse of the joints or an injury, is the most common form of arthritis in veterans and is rated under Diagnostic Code 5003. Veterans receive either a 10% or 20% rating depending on the severity of their symptoms and the number of joints affected.

Is arthritis a VA disability? ›

The Department of Veteran Affairs (VA) grants VA disability to those who have arthritis, yet the degree of benefits varies depending on the type and intensity of the arthritis. If you experience arthritis due to your time in the service, you may be eligible to make an arthritis claim and be awarded compensation.

What is the average VA disability rating for back pain? ›

VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level.

How much disability will I get for shoulder injury? ›

If you need to have your shoulder replaced, you will likely receive 100% disability for one year after your surgery. After you've healed, the VA will give you a permanent disability rating based on your level of function. This rating could be 30% - 60%.

What is the average impairment rating for rotator cuff surgery? ›

The default rating for a full-thickness rotator cuff tear is five percent, according to Table 15-5, page 403. The default rating for an impingement syndrome is three percent, according to the same table at page 402.

Does VA decide all claims at once? ›

What we recommend is filing all of your claims when you initially file. This way the VA will make multiple decisions at or near the same time. This is a clear advantage over waiting and filing multiple claims over time. What can-but not necessarily will-slow your case down is filing claims over time.

What happens to my VA disability when I turn 65? ›

Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.

How do I know if my VA disability is permanent and total? ›

How to Tell if Your VA Disability Rating is Permanent. Take a look at the decision letter VA sent you when granting benefits (your Rating Decision). On some Rating Decisions, there is a Permanent and Total box that will be checked if your 100 percent disability rating is permanent.

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