between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, With a gap of one to two inches (2.5 to 5.1 cm.) All of the criteria include severe, moderately severe, moderate, or slight and corresponds to a disability rating ranging from 0 to 40 percent. A 60% rating will be assigned if it is your non-dominant hand. The lowest rating for an elbow replacement that the VA will assign is 30% for the dominant arm. Your orthopedic conditions could affect your knees, hips, back, shoulders, elbows, wrists, neck, feet, or ankles. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 will also bring you to search results. Flexor muscles of elbow: (1) Biceps; (2) brachialis; (3) brachioradialis: Severe: 40: 30 Moderately Severe: 30: 20 . In this case, 0 degrees is when then the handis held upright with the palm facing sideways(or inwards, with your thumb facing up in the air). After this, the VA will re-evaluate the level of disability and assign a permanent disability rating. Table IIRatings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation. This document is available in the following developer friendly formats: Information and documentation can be found in our The in-page Table of Contents is available only when multiple sections are being viewed. The most typical cause of tennis elbow is repetitive motions of the arm and wrist. For digits II through V, the metacarpophalangeal joint has a range of zero to 90 degrees of flexion, the proximal interphalangeal joint has a range of zero to 100 degrees of flexion, and the distal (terminal) interphalangeal joint has a range of zero to 70 or 80 degrees of flexion, (2) When two or more digits of the same hand are affected by any combination of amputation, ankylosis, or limitation of motion that is not otherwise specified in the rating schedule, the evaluation level assigned will be that which best represents the overall disability (. If so, the doctor or specialist will then need to write a letter thatshows medical nexus between your injury/disability and your time in service. Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher evaluation when all disabilities are combined under. Additional procedures used to treat elbow tendonitis include the following: Veterans may be susceptible to elbow tendonitis due to the variety of physical activities and labor-intensive occupational specialties that are required of them throughout service. If you suffer from a disability in both arms, you may be able toget abilateral disability ratingin addition to the disability rating for each arm. formatting. You can track your veterans disability ratings claim online at the VA website in the meantime. eCFR :: 38 CFR 4.71a -- Schedule of ratings - eCFR :: Home You can learn more about the process Rate on impairment of function, 5329 Sarcoma, soft tissue (of muscle, fat, or fibrous connective tissue)100, Rate each affected muscle group separately and combine in accordance with. VA Disability for Ankle Tendonitis | CCK Law If your doctor has formally diagnosed elbow tendonitis in both elbows, the VA adds the two percentages it assigned you together and places an extra 10 percent on top of that for your final, higher rating. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Or rate on impairment of function of contiguous joint. If the non-dominant hand has been amputated, the rating is 60%. Or if you cant work, you may be able to get TDIU, which is the same amount of money as 100% disability without the full rating. Prosthetic replacement of the shoulder joint: For 1 year following implantation of prosthesis, With chronic residuals consisting of severe, painful motion or weakness in the affected extremity. With chronic residuals consisting of severe painful motion or weakness. Prosthetic replacement of the elbow joint: With chronic residuals consisting of severe painful motion or weakness in the affected extremity. Additionally, if there is hyperpronation or supination present, this incurs a further rating. Displaying title 38, up to date as of 4/27/2023. That is, if a veteran is already service-connected for one condition and they believe it caused or aggravated their elbow tendonitis, then disability benefits may be warranted for the secondary condition (i.e., elbow tendonitis) as well. The normal recovery tolerance of the tendon is exceeded in repetitive overuse of the tendon, e.g. site when drafting amendatory language for Federal regulations: Background and more details are available in the VA typically rates elbow tendonitis based on limitation of motion of the forearm, which falls under 38 CFR 4.71a, Schedule of Ratings - Musculoskeletal System, Diagnostic Codes 5206, 5207, and 5208. Choosing an item from This video explains veterans disability claims for rheumatoid arthritis, which might be a better rating for pain in your elbows or wrists. Generally speaking, the cause of this condition involves repeated contraction of the forearm muscles that individuals use to straighten and raise their hands and wrists. 5272 Subastragalar or tarsal joint, ankylosis of: 5273 Os calcis or astragalus, malunion of: 5275 Bones, of the lower extremity, shortening of: No relief from both non-surgical and surgical treatment, bilateral, No relief from both non-surgical and surgical treatment, unilateral, Pronounced; marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo achillis on manipulation, not improved by orthopedic shoes or appliances. This communication with the firm or any member of the firm does not establish an attorney-client relationship. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Apart from amputation, one of the typical causes of loss of use of the arm is if the elbow joint is frozen in place. 5221 Four digits of one hand, favorable ankylosis of: 5222 Three digits of one hand, favorable ankylosis of: 5223 Two digits of one hand, favorable ankylosis of: 5227 Ring or little finger, ankylosis of: With a gap of more than two inches (5.1 cm.) Non-combat injuries that have a service connection are also compensatable. between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, With a gap of less than one inch (2.5 cm.) 29 FR 6718, May 22, 1964, unless otherwise noted. Occupations that require repetitive use of a computer mouse, cutting, painting, or using tools also increase the risk of damaging the tendons in your elbow. site when drafting amendatory language for Federal regulations: Is Tendonitis a Qualifying Condition for Disability Benefits? For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal . Elbow and Forearm Injury Veterans Disability. This is an automated process for By continuing to use our website, you agree to these updates. Also, take note that not all painful symptoms in the arm are covered by the above codes. Tennis elbow, which doctors also refer to as elbow tendonitis or lateral epicondylitis, causes pain when you use the affected arm to complete ordinary movements. This web site is designed for the current versions of If the non-dominant hand is affected, the rating is 20%. For certain stipulated conditions it is extended for longer. The Elbow and Forearm Military Disability Made Easy or more between the fingertip and the proximal transverse crease of the palm, with the finger flexed to the extent possible, or; with extension limited by more than 30 degrees, With a gap of less than one inch (2.5 cm.) Neuralgia Neuralgia also involves irritated or damaged nerves. VA disability for arthritis in the knee is generally determined through range of motion testing. If your arm cannot move 25 degrees away from your side, you'll get a disability rating of 50 percent for a dominant arm or 40 percent for a non-dominant arm. Each VA diagnostic code has unique ratings associated with it. If it is the non-dominant arm, the rating is 30%. Those who engage in frequent physical activity may experience this condition at higher rates as well. developer resources. If pain is not severe but limits the range of motion, this will also be awarded a disability rating. is available with paragraph structure matching the official CFR If you use our VA disability ratings calculator, it will automatically detect and add the bilateral factor in for you. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. Copyright 2023 Chisholm Chisholm & Kilpatrick LTD. All Rights Reserved. Search & Navigation the hierarchy of the document. The bilateral factor takes 10 percent of that 28 percent, yielding 2.8, and adding that 2.8 to the 28 percent, which equals 30.8 percent. [62 FR 30239, June 3, 1997, as amemded 85 FR 76464, Nov. 30, 2020]. It is extremely important for your long-term care and disability, but isnt designed to relieve your problems. 3. With intermediate degrees of residual weakness, pain or limitation of motion rate by analogy to diagnostic codes 5205 through 5208. If you are nervous about your C&P exam, schedule a call with a VA representative or an attorney. If you have questions or comments regarding a published document please You can Similar to limitation of flexion of the knee, there are specific range . They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. VA.gov Home | Veterans Affairs eCFR :: 38 CFR Part 4 Subpart B -- Disability Ratings Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 This information is made available for educational purposes only and to provide general information and a general understanding of the law. The Complete Guide to Getting a VA Rating for Nerve Damage 1155, 5107 (b) (West 2002 & Supp. The position of function of the hand is with the wrist dorsiflexed 20 to 30 degrees, the metacarpophalangeal and proximal interphalangeal joints flexed to 30 degrees, and the thumb (digit I) abducted and rotated so that the thumb pad faces the finger pads. You must prove that it progressed more rapidly because of military service than it would have otherwise. Please complete this form to send us your message. Subscribe to: Changes in Title 38 :: Chapter I :: Part 4 :: Subpart B :: Subject group :: Section 4.73. switch to drafting.ecfr.gov. If you have been diagnosed with a herniated disc, you may be wondering what your herniated disc VA disability rating will be. between the fingertip and the proximal transverse crease of the palm, with the finger flexed to the extent possible, and; extension is limited by no more than 30 degrees. You need written medical documentation to prove that is not the case. If an injury to your forearm or elbow ishas resulted in more than one finger having a limited range of motion, this can be compensated separately from the elbow or forearm injury. Please contact us at 1-888-477-2363 or complete this short, free case evaluation form and we will follow up with you. For Reservists, the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. Rate under diagnostic code 7346, 5325 Muscle injury, facial muscles. 5160 Complete amputation, lower extremity: Trans-pelvic amputation (involving complete removal of the femur and intrinsic pelvic musculature along with any portion of the pelvic bones), Disarticulation (involving complete removal of the femur and intrinsic pelvic musculature only), 5161 Upper third, one-third of the distance from perineum to knee joint measured from perineum, 5163 With defective stump, thigh amputation recommended, 5164 Amputation not improvable by prosthesis controlled by natural knee action, 5165 At a lower level, permitting prosthesis, 5166 Forefoot, amputation proximal to metatarsal bones (more than one-half of metatarsal loss), 5170 Toes, all, amputation of, without metatarsal loss or transmetatarsal, amputation of, with up to half of metatarsal loss. You are using an unsupported browser. Subscribe to: Changes in Title 38 :: Chapter I :: Part 4 :: Subpart B :: Subject group :: Section 4.71a. For example, you may have developed a lower back disability first and later, over compensated with your elbow and forearm, and developed tennis elbow because you did not bend at the knees and use your back when lifting heavy objects. VA claims examiners require some applicants for disability payments to undergo a Compensation & Pension (C & P) exam if they feel they need more information to finish processing the claim. This contact form is only for website help or website suggestions. Under the VA rating schedule, there is a standard 20% disability rating if there is x-ray evidence of involvement of two or more major joints, or minor joint groups, with occasional incapacitating exacerbations. Symptoms such as excess motion and limited range of motion may also be rated under the above codes. O. Typically, the greater limitation of extension (i.e., the harder it is to straighten the knee), the higher the disability rating will be. How to Get a VA Rating for Veteran Orthopedic Conditions Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices These cookies allow the website to remember choices you make to give you better functionality and personal features. The pain and weakness described above may make it difficult to engage in activities such as: Again, this condition is an overuse and muscle strain injury. eCFR :: 38 CFR Part 4 Subpart B - The Musculoskeletal System The VA Rating Process for De Quervain's Tenosynovitis - Woods and Woods Something like a limitedelbow range of motion can have a large impact onyour life and your ability to carry out daily activities. Enhanced content is provided to the user to provide additional context. The term service connection by aggravation means that you had tennis elbow before the military and your service made it worse. 5217 Four digits of one hand, unfavorable ankylosis of: 5218 Three digits of one hand, unfavorable ankylosis of: Index, long, and ring; index, long, and little; or index, ring, and little fingers. For the non-dominant arm, the rating is 50%. Extremely unfavorable, in flexion at an angle of 45 or more, Favorable angle in full extension, or in slight flexion between 0 and 10, Unrepaired or failed repair of complete ligament tear causing persistent instability, and a medical provider prescribes both an assistive device (, (a) Sprain, incomplete ligament tear, or repaired complete ligament tear causing persistent instability, and a medical provider prescribes a brace and/or assistive device (, (b) Unrepaired or failed repair of complete ligament tear causing persistent instability, and a medical provider prescribes either an assistive device (, Sprain, incomplete ligament tear, or complete ligament tear (repaired, unrepaired, or failed repair) causing persistent instability, without a prescription from a medical provider for an assistive device (, A diagnosed condition involving the patellofemoral complex with recurrent instability after surgical repair that requires a prescription by a medical provider for a brace and either a cane or a walker, A diagnosed condition involving the patellofemoral complex with recurrent instability after surgical repair that requires a prescription by a medical provider for one of the following: A brace, cane, or walker, A diagnosed condition involving the patellofemoral complex with recurrent instability (with or without history of surgical repair) that does not require a prescription from a medical provider for a brace, cane, or walker, 5258 Cartilage, semilunar, dislocated, with frequent episodes of locking, pain, and effusion into the joint, 5259 Cartilage, semilunar, removal of, symptomatic, Nonunion of, with loose motion, requiring brace. Compensation & Pension (C&P) Exams for Tennis Elbow, Evidence for Tennis Elbow Claims and Appealing under the AMA system, Diagnostic Code 5206: Forearm with flexion limited, Diagnostic Code 5207: Forearm with extension limited, Special Rating for Bilateral Tennis Elbow, Contact Hill & Ponton for Help with Your Tennis Elbow VA Disability Claim, Grip an object such as a pen or using a doorknob. The pronator teres is one of the main muscles of the forearm. On the Basic monthly rates table, find the amount for your disability rating and dependent status. A VA disability claim for an orthopedic condition is one involving your joints or muscles. For the non-dominant arm, it is 20%. This field is for validation purposes and should be left unchanged. If you have questions or comments regarding a published document please Choosing an item from If you receive an unfavorable result from the VA after your C& P exam, you can appeal by writing to the VA explaining why you feel the exam was inadequate. Can veterans get VA benefits for tennis elbow? - Woods and Woods, LLC Organization and Purpose However, the combined ratings cannot add up to more than a 70% disability rating for the dominant hand. If these measures do not work, an individuals doctor may suggest physical therapy. Paraplegia with loss of use of both lower extremities and loss of anal and bladder sphincter control qualifies for subpar. If the VA is satisfied with the nexus they will then schedule a C&P exam. After the extensive care period ends, the 100% rating continues, generally, for three months. For the non-dominant arm, the rating is 40%. You can also visit your own doctor for a second opinion and have people with significant knowledge about your condition write to the VA on your behalf. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 5283 Tarsal, or metatarsal bones, malunion of, or nonunion of: 5296 Skull, loss of part of, both inner and outer tables: Area larger than size of a 50-cent piece or 1.140 in, Area smaller than the size of a 25-cent piece or 0.716 in, One or resection of two or more ribs without regeneration, Partial or complete, with painful residuals. With intermediate degrees of residual weakness, pain or limitation of motion, rate by analogy to diagnostic code 5214. (eg: Regulation Y citations and headings If you arent experiencing any of the above issues but suffer from forearm bone pain when you move your arm, the VA will award you a rating for this. Take note that a veteran can receive more than one disability rating if multiple injuries, conditions, or disabilities are present. When you visit web sites, they may store or retrieve data in your web browser. will bring you to those results. the appropriate disability rating shall be determined by mandatory VA examination. It depends very specifically on what the doctors can see with your elbow. For non-dominant arms, the rating is reduced to 50%. They will determine your pain levels, ability to conduct a normal life, and your range of motion in your joints and back. 5230 Ring or little finger, limitation of motion: (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): With or without symptoms such as pain (whther or not it radiates), stiffness, or aching in the area of the spine affected by residuals of injury or disease, Unfavorable ankylosis of the entire spine, Unfavorable ankylosis of the entire thoracolumbar spine, Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine, Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine, Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or, vertebral body fracture with loss of 50 percent or more of the height, 5239 Spondylolisthesis or segmental instability, 5242 Degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome (also, see either DC 5003 or 5010).
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