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dave1948 wrote:

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the vericose veins is 40%. (not bilateral), but the 10% tinnitus is and the IHD 30% is not..

There is a lot of confusion in this forum about the word "bilateral" and how it factors into both a Rating Decision and to the disability evaluation assigned.  Let me see if I can clarify it a bit.

The word "bilateral" simply means both sides.  In other words, you have two of something and both of them are affected.  The use of the word bilateral in a diagnosis or name given to a condition on a rating does not mean that the bilateral factor is applicable.  The bilateral factor is something else entirely.  In fact, if a condition is referred to as "bilateral" in the diagnosis for which service connection is granted, that usually means the bilateral factor is not applicable.

When we are talking about 38 CFR Part 4 (called the Rating Schedule by VA personnel) the Rating Schedule specifically calls for certain conditions affected parts of the body for which you have two, one on each side, to be rated as "bilateral" or "unilateral."  When the Rating Schedule calls for a condition to be rated as bilateral, such as bilateral flat feet, it means that separate evaluations are not assigned to each foot; but rather that a single evaluation is assigned to cover both feet.  In such cases the bilateral factor is not applicable UNLESS there are other disabilities of one or both lower extremities that brings it into play.  If the bilateral flat feet are the only conditions of the lower extremities the bilateral factor isn't applied despite the use of the word "bilateral" in the diagnosis.

On the other hand if the Rating Schedule calls for a condition to be evaluated as "unilateral," such as with varicose veins, that means that if varicose veins are present in both legs, each leg will be given it's own evaluation as a unilateral condition.  If a separate "unilateral" rating is assigned for both legs, then the bilateral factor is applicable.

Also keep in mind that the bilateral factor is only applied to disabilities affecting the extremities.  The only exception to this is a muscle injury of the buttocks, and even then it only applies if there is a compensable injury to both left and right buttocks.  An injury to only one side does not form the basis for the application of the bilateral factor even if there are compensable conditions of the lower extremity on the opposite side.

Other organs and parts of the body for which you have one on each side such as kidneys, lungs, eyes, ears, etc., do not factor into the application of the bilateral factor regardless of whether there is a bilateral or unilateral rating.

Crusier