The bilateral factor comes into play when a veteran has a service-connected disability that impairs both arms or both legs or paired skeletal muscles-like your biceps and triceps which work together to bend and then straighten your arm. When you have this level of disability the ratings for your disabilities will be combined for each side and then an additional 10 percent will be added to your overall rating. This is the VA’s acknowledgement that the severity of a bilateral disability seriously limits a veteran’s ability to function in daily life and makes it difficult to get a job.
As the word itself suggests, bilateral means affecting both sides. You must have two impairments with one affecting each side. They do not have to be the exact same body part. For example, disabilities affecting the use of your left elbow and your right wrist would be considered bilateral. The impairments can be caused by the same illness or injury or by separate and different illnesses or injuries, but they must be service-connected. You will have to offer proof that the impairment or impairments were caused or made worse by your time in service.
For the bilateral factor to be applied to your total disability rating, your conditions must affect either both upper extremities or both lower extremities but not one of each. If, for example, your right knee and left arm have been injured the bilateral factor would not apply.
The bilateral factor can also affect your eligibility for TDIU payments. Total Disability Individual Unemployability-with the acronym TDIU-is part of the VA’s disability compensation program. If a veteran’s disabilities prevent them from being able to get and keep a job, TDIU allows them to have their disability rating raised to 100 percent even though the rating on their service-connected disabilities do not equal 10 percent. Unemployability is the VA’s way of acknowledging that some veterans with disability ratings below 100 are unable to work due to their impairments.
To qualify for TDIU with multiple impairments you must have two or more disabilities with a combined rating of 70 percent or more and one them has to be rated at 40 percent or more. Then you must show you are unable to maintain substantial gainful employment as a result of your disabilities. The bilateral factor can be included with the schedular ratings to reach the 70 percent threshold.
VA disability ratings and the math the VA uses to calculate disability benefits is complex and often confusing, especially in cases where there are bilateral impairments. At Cuddigan Law we stand ready to help. We believe that veterans should get the benefits they have rightfully earned from serving their country. If you are considering filing for VA disability benefits or have been turned down for compensation, we will fight for your rights. Call or email our VA disability attorneys to schedule a free, no-strings-attached evaluation of your case.
6 сен 2024
