4.59 Painful motion. However, I just got a 10% rating for painful motion of the knee. So, while on a typical day a veteran with a disability may experience pain in the 4/10 range and have full range of motion, on another day when the veteran experiences a flare-up of his condition, he may experience 10/10 pain and have limited range of motion. My RA is rated under 5002, zero percent. The VA does not rate a disability under limited range of motion and degenerative arthritis. This wound would need hospitalization for treatment, have the constant presence of the. Total Disability Individual Unemployability (TDIU). Let’s break that table down and explain it simply. § 4.40, which defines functional loss and includes functional loss may be “due to pain.” The Court indicated, however, that “although pain may cause a functional loss, pain itself does not constitute functional loss.”Mitchell, 25 Vet. Decision was Nov 2018. Range of motion forced in C&P exam Ask Jim a Question. If you have been honorably discharged and have joint or back pain, you can probably get the minimum 10% rating for a disability. § 4.59 Painful motion. App. Things to Remember: You are not a number. If it is clear that the veteran is ambidextrous, then the hand with the worst condition will be considered dominant so the veteran can receive the higher rating. Lincoln, NE 68510 © 2020 PTSD Lawyers | Berry Law Firm. 1.555.555.555 | info@yourdomain.com During inactive duty for training, the appellant in Mitchell felt something pop, her knee buckled and she went down to the ground in pain. If pain is not clearly noted in an exam, it is assumed that there is none (the service member saying it hurt yesterday is not enough). Loss of muscle substance and tone would be present, and there would be a definite decrease in function and use. Therefore, because pain alone is not functional loss and painful motion alone is not limited motion, the Court denied appellant’s argument for an increased evaluation. Symptoms associated with musculoskeletal system conditions include limitation of range of motion (flexion), painful motion, arthritis, weakness, easily fatigued, loss of power, lack of coordination and decreased movement control. For example, if scar tissue on your elbow makes it impossible for you to fully flex your arm, that would be considered a limitation of function, as well as a limitation of motion. If a joint is ankylosed then any injuries to muscles connected to that joint won’t be rated. For instance, the Painful Motion principle states that if you have any pain when you move the joint, you are entitled to the minimum disability rating for that body part. Minor joints include the joints in fingers and toes, and the vertebrae in the spine. Small scar with no impairment of function. Exception: If there are injured muscles (that all qualify for at least a 10% rating) in the same region but that aren’t all connected to the same joint (i.e. For example, all the muscles in Group X control the pointing and flexing of the toes. Sciatic neuritis is not uncommonly caused by arthritis of the spine. First and foremost, welcome to our VA practice! The Court stated that a noncompensable disability under DCs 5260 and 5261 (musculoskeletal disabilities based on range of motion) is a prerequisite for compensation under the second or third parts of DC 5003. Our team is committed to getting you the VA benefits you earned through your faithful service to our country. Only one hand can be considered dominant. All rights reserved. Even if your knee pain has NO impact on the knees range of motion, you can get the minimum 10% VA disability rating for knee pain alone when accompanied with a diagnosis (pain alone is a disability, but it must relate to a functional impairment of earning capacity). Condition. Op. The Mitchell Court further stated that painful motion alone is not limited motion. C&P exams documented pain and painful motion in multiple joints, with x-rays documenting erosions. It only provides that VA policy is to recognize actually painful motion as entitled to at least the minimum compensable rating for the joint When each qualifying joint motion is painful but motion is not actually limited to a compensable degree under its applicable 52XX-series DC, Pain, like functional loss, is measured by its impact on the range of motion. Therefore, regardless of diagnosis, hip and upper thigh conditions are generally eligible for service connection and compensation if they cause limited or painful motion (painful motion always merits at least the minimum rating for a joint). Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. ... VA Disability Claims, Veterans C&P Exams, Functional Loss, LHI, QTC, VA Claims, VA Disability, VES. Additionally, the scars may themselves cause other conditions which could make you eligible for further VA disability compensation. Not all of these extra rating factors apply to each joint, but this will be discussed on the individual joint pages. Muscle spasm will greatly assist the identification. Generally speaking, VA rates this condition based on the range of motion that exists as the veteran moves their knee in that direction. The regular presence of one or more of the. The Department of Veterans Affairs has a rating process for service-connected medical issues, disabilities, and diseases. A January 2006 compensation and pension examination recorded appellant’s complaints of intense pain when standing and walking. Notes like limping, wincing, pained facial expressions, and other similar signs are good evidence of pain with motion. A medical examination indicated she had a torn ACL and torn anterior aspect of the lateral meniscus. Definitions of the different severities are listed below, but each bullet point does not have to be met in order for the condition to qualify under that severity.
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