Hear from fellow Veterans just like you, with many of our Veteran Ambassadors having gone through our programs. The Board has considered the Veteran's statements and testimony describing his pain and functional impairment, but finds there is no legal basis for assigning a rating higher than the currently assigned 30 percent evaluation as he is in receipt of the maximum possible schedular rating. Tendonitis (or tendinitis), a very prevalent condition, is tendon inflammation, which most often is caused by degeneration of the collagen protein that forms the tendon (a condition known as tendinopathy). However, any swelling of the tendons or thickening of the sheath results in increased friction and pain especially with certain thumb and wrist movements. VA examinations performed throughout the claims period document his complaints of pain and limited function and the June 2015 VA examiner concluded the Veteran experienced a chronic compromise to weight-bearing and was unable to stand or walk for long periods of time. There are alternative healing therapies for carpal tunnel syndrome too. Published on August 10, 2020 by Mike Woods Last Updated on June 2, 2023 Are you a military veteran with thumb or wrist problems? The U. S. Court of Appeals for Veterans Claims (Court) has set out a three-part test, based on the language of 38 C.F.R. Flare-ups resulted in ache that turned sharp with overhead activity or putting on coats or shirts. However, they are among the most complex. 3.321; see generally, 38 C.F.R. 589 (1991); 38 C.F.R. A 10 percent rating applies for cases of plantar fasciitis classified as otherwise. On the left, active flexion was limited to 100 degrees (passive movement to 110 degrees) with evidence of pain at 80 degrees; active abduction was limited to 95 degrees (passive movement to 110 degrees) with pain noted at 70 degrees. App. 38 U.S.C.A. This chart shows how musculoskeletal ratings work for VA disability ratings for shoulder pain: If you have muscular damage to your shoulder, you may be eligible for a rating from 0% to 40% (depending on the severity of damage). 202 (1995). Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. 4.1-4.7, 4.10, 4.71a, Diagnostic Codes 5276-5284 (2015). A handful of very complex surgical procedures also might help in the diseases early stages. For example, a Vietnam veteran might have a 70% rating because they suffer from cancer due to Agent Orange. The relevant focus for adjudicating an increased-rating claim is on the evidence concerning the state of the disability from the time period one year before the claim was filed until VA makes a final decision on the claim. A rating higher than 30 percent for the Achilles tendon strain/tear with Achilles tendinitis, bursitis, and Haglund's deformity of the right foot is denied. The Veteran testified that during the July 2012 examination he was not actually physically examined, but rather the examiner questioned him and estimated his range of motion based on his verbal answers. A transcript of the hearing is of record. The criteria for a rating in excess of 20 percent rating, but no higher, for left shoulder bursitis/tendonitis have been met. There are four stages of this rare disease, ending with the bones complete deterioration. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. This derivative claim was not specifically certified to the Board, but the Board nonetheless will accept jurisdiction over it since part and parcel of the claim for greater compensation for impairment arising out of the same service-connected disability. The Veteran is already in receipt of a total disability rating due to individual employability resulting from service-connected disability (TDIU), and therefore, the Board need not address whether a claim for a TDIU has been raised explicitly or implicitly as part and parcel of the current increased-rating claims. VA disability ratings range from 0 to 100 percent based on the VAs Schedule for Rating Disabilities (VASRD), a rather complicated document that we would be happy to help you interpret. For example, a 10% VA rating is worth just over $150 per month in 2022, while a 100% VA rating is worth more than $3,000 per month. FINDINGS OF FACT On appeal from the 2009). It can inhibit everyday activities as the damage becomes more severe. In sum, the Board finds that the Veteran's service-connected right and left shoulder bursitis/tendonitis has resulted in limitation of motion to the shoulder level, bilaterally. Pain was noted to cause functional loss, although any additional degree of loss was not given. If youre a veteran of the U.S. Armed Forces and need disability compensation, but havent applied for disability benefits through the Veterans Administration (VA) yet, you should do so. Compensation may also be paid for VA disabilities that are secondary to disabilities occurring in service and for disabilities presumed to be related to circumstances of military service, even though they may arise after the veteran has left active duty military service. ORDER I have total trust and faith with the firm when it comes to fighting against the VA. Such considerations are intended to recognize actually painful joints, and therefore, any functional loss due to painful motion is to be assigned at least the minimum compensable rating for that particular joint. Because its physically impossible to be more than 100% disabled. 174 (2007). Veterans Law Judge, Board of Veterans' Appeals The veteran is claiming his current left Achilles tendonitis was incurred in or caused by the rupture, Achilles tendon, left treated on 7/25/2008 (see tabbed STR in VBMS). 4.14. Department of Veterans Affairs Regional Office in Houston, Texas . The cause of carpal tunnel syndrome is pressure on the median nerve, which is one of the primary nerves of the hand. 5260 - Limitation of flexion of the knee: The most common knee condition that veterans receive VA disability benefits for. Functional impact on employment included issues with lifting overhead. Further, on July 5, 2016, the Court of Appeals for Veteran's Claims (Court) issued a precedential decision in the matter of Correia v. McDonald which involved determining the proper interpretation of the final sentence of 38 C.F.R. How to Get a 100 Percent VA Rating (if deserved)! These are all parts of a broader picture of what bears on aVA disability claim. All reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. 38 U.S.C.A. The process continues for each disability remaining from highest to lowest. This is the maximum rating possible under this diagnostic code and is provided for foot injuries that most nearly approximate severe, as opposed to moderate or moderately severe. How will my torn tendon be rated? App. That represented a "staging" of the ratings for this disability, as Fenderson and Hart require. Hart v. Mansfield, 21 Vet. For the times when a 30 percent rating was assigned, no higher rating is warranted. Its not uncommon to see a veteran who suffers from more than one disability. Carpal tunnel release surgery (typically an outpatient procedure) is a routine option in advanced cases. Veterans who have plantar fasciitis and experienced the actual loss of use of the foot qualify for a 40 percent disability rating. The Veteran served on active duty from April 2006 to June 2007. The Court of Appeals for Veterans Claims (Court) has set out a three-part test, based on the language of 38 C.F.R. On the Basic monthly rates table, find the amount for your disability rating and dependent status. Estimate your 2023 VA Rating & Compensation for FREE! As the Veteran is in recepit of the maximum rating for a foot injury, a rating exceeding 30 percent accordingly is not warranted under this diagnostic code at any time during the claims period. 505 (2007). If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. INTRODUCTION are a given in active duty military life. In April 2016, his representative requested a new VA examination, alleging the service-connected disability had worsened since the October 2014 VA examination, but apparently mistakenly on the belief that that was the most recent examination. The rotator cuff is made up of muscles and tendons that keep the head of the upper arm bone (i.e., humerus) firmly within the socket of the shoulder. Flexion was limited to 160 degrees bilaterally, with evidence of painful motion at 120 degrees bilaterally. Specifically, the Court stated that "to be adequate, a VA examination of the joints must, wherever possible, include the results of the range of motion testing described in the final sentence of 4.59." 38 C.F.R. FINDINGS OF FACT 158 (2016). App. The Board therefore finds that again remanding this claim for yet another VA examination is unnecessary and would only serve to inordinately delay a decision in this appeal. However, the evidence does not establish, and the Veteran does not allege, that he has pes planus of either foot owing to his military service. Citation Nr: 1642679 In the example I just gave, the VA would take the highest rating first, the 70% for PTSD. If your disability renders you unable to maintain substantial gainful employment, you may receive the pay and benefits of a 100% VA ratingeven if your combined VA rating is below 100%. Severe - rated at 30% to 40% depending on dominant or non-dominant arm. The Veteran's left shoulder bursitis/tendonitis has resulted in limitation of flexion to 100 degrees with pain at 80 degrees and limitation of abduction to 95 degrees with pain at 70 degrees. No guarding was noted. The VA assigns disability ratings to veterans with military service-related conditions. When you make a disability claim, you are, in effect, demonstrating what you can no longer do by providing convincing evidence to support that claim. The schedule recognizes that disability from distinct injuries or diseases may overlap. WITNESS AT HEARING ON APPEAL 38 U.S.C.A. ) In this case, the September 2015 examination report failed to include passive motion testing results. The examination was not conducted during a flare up, but the examiner opined that pain would additionally limit range of motion. Bursitis could also be related to other disabling conditions like Diabetes, tendonitis, gout, or arthritis. To qualify for the 10 percent rating, 2 or more episodes following the initial infection are required. 3.321(b)(1), for determining whether a veteran is entitled to an extra-schedular rating: (1) the established schedular criteria must be inadequate to describe the severity and symptoms of the claimant's disability; (2) the case must present other indicia of an exceptional or unusual disability picture, such as marked interference with employment or frequent periods of hospitalization; and (3) the award of an extra-schedular disability rating must be in the interest of justice. Other diagnostic criteria pertaining to the shoulder includes ankylosis of the scapula and humerus (DC 5200); impairment of the humerus (DC 5202); and impairment of the clavicle or scapula, including malunion, nonunion or dislocation (DC 5203). Objectively, right shoulder flexion and abduction was limited to 150 degrees. WATCH: How to Get a 100% VA Rating (Step-By-Step!). In reaching this conclusion, the Board has considered all evidence of record; however, because the preponderance of the evidence is against the claim for a higher rating, the "benefit-of-the-doubt" rule does not apply. The Veteran's right shoulder bursitis/tendonitis has resulted in limitation of flexion to 95 degrees with pain at 80 degrees and limitation of abduction to 89 degrees with pain at 70 degrees. 4.1. The higher your VA rating, the more benefits youll receive. Likewise, the Board also finds the September 2015 examination report inadequate for several reasons. Youd have to layer in some 70s, 60s, 50s, 30s, etc. The VA also applies two special disability ratings for plantar fasciitis. See 38 C.F.R. 38 U.S.C.A. Where entitlement to compensation already has been established and an increase in the disability rating is at issue, it is the present level of disability that is of primary concern. If you are rated at 70% for PTSD and 50% for Migraine Headaches, you wont be 70% + 50% = 120% disabled. A disability represents the economic impact of your inability to work because of a service-connected condition or injury. It will be rated the minimum 10% unless there is limited motion that qualifies for a higher rating. The Veterans Administration offers a broad array of benefits to those who have served our country through military service. App. Thun v. Peake, 22 Vet. A Change in Weight Aside from the obvious weight gain that comes with armor plates, weapons and equipment, there are a variety of reasons why a Veteran may see a jump in the number on the scale. 3.321. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. The wrist and hand together comprise 27 small bones, with eight being in the wrist specifically. REPRESENTATION Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. If you don't want to get our email newsletter, uncheck this box. 2. If the VAs fuzzy math calculation puts you at or above 95.00% or higher, the VA will round you up to 100%. The May 2008 rating decision on appeal confirmed and continued that initial noncompensable rating. ATTORNEY FOR THE BOARD App. 4.118, Diagnostic Code 7804. Since then I have spoken to many doctors that were set up by Woods and Woods to help me when my case goes to court. Brian Reese here, USAF & OEF Veteran, Veteran Benefits Expert, and founder ofVA Claims Insider.
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