[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.26]



[Page 372]

 

            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

 

                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

 

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

 

                   Subpart A_General Policy in Rating

 

Sec. 4.26  Bilateral factor.



    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 percent of this value will be added (i.e., not combined) before 

proceeding with further combinations, or converting to degree of 

disability. The bilateral factor will be applied to such bilateral 

disabilities before other combinations are carried out and the rating 

for such disabilities including the bilateral factor in this section 

will be treated as 1 disability for the purpose of arranging in order of 

severity and for all further combinations. For example, with 

disabilities evaluated at 60 percent, 20 percent, 10 percent and 10 

percent (the two 10's representing bilateral disabilities), the order of 

severity would be 60, 21 and 20. The 60 and 21 combine to 68 percent and 

the 68 and 20 to 74 percent, converted to 70 percent as the final degree 

of disability.

    (a) The use of the terms ``arms'' and ``legs'' is not intended to 

distinguish between the arm, forearm and hand, or the thigh, leg, and 

foot, but relates to the upper extremities and lower extremities as a 

whole. Thus with a compensable disability of the right thigh, for 

example, amputation, and one of the left foot, for example, pes planus, 

the bilateral factor applies, and similarly whenever there are 

compensable disabilities affecting use of paired extremities regardless 

of location or specified type of impairment.

    (b) The correct procedure when applying the bilateral factor to 

disabilities affecting both upper extremities and both lower extremities 

is to combine the ratings of the disabilities affecting the 4 

extremities in the order of their individual severity and apply the 

bilateral factor by adding, not combining, 10 percent of the combined 

value thus attained.

    (c) The bilateral factor is not applicable unless there is partial 

disability of compensable degree in each of 2 paired extremities, or 

paired skeletal muscles.