Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. CCK Recognized for Donations to American Veterans Disabled For Life Memorial, CCK Successfully Argues for a Precedential Decision About Protected Work Environment, A Day in the Life of a Paralegal (Claims Advocate) at CCK. This web site is designed for the current versions of Flexor muscles of elbow: (1) Biceps; (2) brachialis; (3) brachioradialis: Severe: 40: 30 Moderately Severe: 30: 20 . 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. The pronator teres is one of the main muscles of the forearm. guide. For example, the right elbow/forearm is rated at 20 percent disabling while the left elbow/forearm is rated at 10 percent disabling. The rating criteria for each is as follows: 50/40% extension limited to 110 degrees. Comments or questions about document content can not be answered by OFR staff. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 The following examples describe several ratings addressing hand, wrist, and forearm conditions. We recommend you directly contact the agency responsible for the content in question. There are 5 primary ways a veteran can prove Arthritis is service connected and get VA disability benefits: #1: Direct Service Connection for Degenerative Arthritis rated under DC 5003 with a rating of 10 percent or 20 percent. The rating assigned will depend on how much motion is restricted. Under code 5052, veterans can receive a 100% compensation rate for one year after having an elbow joint replaced with a prosthesis. Total Disability Rating based upon Individual Unemployability (TDIU) is a VA benefit available to veterans whose disability prevents them from obtaining or maintaining gainful employment. ), pain on manipulation and use accentuated, indication of swelling on use, characteristic callosities: Moderate; weight-bearing line over or medial to great toe, inward bowing of the tendo achillis, pain on manipulation and use of the feet, bilateral or unilateral, Mild; symptoms relieved by built-up shoe or arch support. 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. 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 (e) Combinations of finger amputations at various levels, or finger amputations with ankylosis or limitation of motion of the fingers will be rated on the basis of the grade of disability; (f) Loss of use of the hand will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump with a suitable prosthetic appliance. You may be owed compensation. If we lose, our services are 100% free. If you have questions or comments regarding a published document please Already working with us? O. 50/40 percent: Flexion limit is 45 degrees, 40/30 percent: Flexion limit is 55 degrees, 30/20 percent: Flexion limit is 70 degrees, 20/20 percent: Flexion limit is 90 degrees, 10/10 percent: Flexion limit is 100 degrees, 0/0 percent: Flexion limit is 110 degrees, 50/40 percent: Extension limit is 110 degrees, 40/30 percent: Extension limit is 100 degrees, 30/20 percent: Extension limit is 90 degrees, 20/20 percent: Extension limit is 75 degrees, 10/10 percent: Extension limit is 45 degrees. You are using an unsupported browser. 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. Please do not provide confidential Apart from amputation, one of the typical causes of loss of use of the arm is if the elbow joint is frozen in place. At metacarpophalangeal joint or through proximal phalanx, At distal joint or through distal phalanx, With metacarpal resection (more than one-half the bone lost), Without metacarpal resection, at proximal interphalangeal joint or proximal thereto, Through middle phalanx or at distal joint. The rating criteria for each is as follows: Diagnostic Code 5206 - Forearm, Limitation of Flexion 50/40% - flexion limited to 45 degrees FINDING OF FACT The Veteran's right elbow tendonitis has been manifested by pain and tenderness on palpation; pain on motion; elbow flexion has been to 145 degrees and extension has been to 0 degrees, with no additional loss of motion due to such factors as pain, weakness, lack of endurance, fatigability, or flare ups; there has been no Or rate on impairment of function of contiguous joint. After the extensive care period ends, the 100% rating continues, generally, for three months. Proof of your diagnosis via X-ray reports, doctors notes, prescriptions, and items you purchase to accommodate your forearm and elbow injuries. This field is for validation purposes and should be left unchanged. "Published Edition". Table IIRatings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation. Before we look at the ratings for this, lets quickly explain what range of motion in the forearm means. 1155, 5107 (b) (West 2002 & Supp. 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). Choosing an item from As with most medical conditions,, The Department of Veterans Affairs sees many VA disability claims for orthopedic impairments like severe shoulder issues, back problems, legs, arms, feet, etc. To get VA disability for tendonitis, you must be able to show the VA three elements. A letter from your current employer explaining that you can no longer perform the duties of your job due to your injury. For instance, which pages you go to most. 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.) The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 29 FR 6718, May 22, 1964, unless otherwise noted. information or personal data. First, the combined rating of the two elbow tendonitis percentages would be calculated, and then an additional 10 percent would be combined to that rating. Tendonitis in Elbow When the elbow can only bend 45, the dominant arm rates as 50% and the non-dominant as 40%. (Authority: 38 U.S.C. Search & Navigation 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. or more) and marked deformity, Without loss of bone substance or deformity. Evaluate functional impairment as seventh (facial) cranial nerve neuropathy (diagnostic code 8207), disfiguring scar (diagnostic code 7800), etc. These cookies do not store any personal information. By using this information, you understand that there is no attorney-client relationship created by you reading or using the information contained on this website or in this newsletter, article, or blog. 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. Elbow tendonitis is typically diagnosed during a physical examination at which point a doctor may apply pressure to the affected area or ask the individual to move their elbow, wrist, and fingers in various ways. FAR). With an attorney you have the benefit of an attorney client relationship, so anything you say to your attorney is completely private, and undiscoverable by the VA. Medical evidence is crucial when submitting a claim to the VA. You need to have a current diagnosis and prove that your military service caused your primary or secondary service connected condition or made a pre-existing condition worse. Do You Need Help Getting VA Compensation? 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. Often, pain, swelling, and discomfort will resolve by resting the affected area, applying ice and heat to the area, and taking over-the-counter pain medications such as ibuprofen. Displaying title 38, up to date as of 4/27/2023. While tendonitis can occur in any tendon, it is most common not only in the shoulders, elbows and knees, but also in the wrists. Navigate by entering citations or phrases Choosing an item from If the arm is frozen at an angle of 50 degrees or less (0 degrees is when the arm hangs straight down), a 60% disability rating is assigned for the dominant arm. 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. With intermediate degrees of residual weakness, pain or limitation of motion rate by analogy to 5270 or 5271. It is not an official legal edition of the CFR. 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. A separate drafting site Some of the questions and conditions your examiner might ask and look at include: Keep in mind that the doctor will record everything you say, so be concise in your answers without saying anything that could work against you. The eCFR is displayed with paragraphs split and indented to follow The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Prosthetic replacement of the head of the femur or of the acetabulum: Following implantation of prosthesis with painful motion or weakness such as to require the use of crutches, Markedly severe residual weakness, pain or limitation of motion following implantation of prosthesis, Moderately severe residuals of weakness, pain or limitation of motion, Minimum evaluation, total replacement only. Something like a limitedelbow range of motion can have a large impact onyour life and your ability to carry out daily activities. If severe pain and/or weakness is present, the VA rating is 50% for the dominant arm. We advocate for the disabled. It depends very specifically on what the doctors can see with your elbow. 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. Elbow and Forearm Injury Veterans Disability. Below is a complete list of VA disabilities for the musculoskeletal system, listed in order by Diagnostic Code (DC) from CFR Title 38, Part 4, the Schedule for Rating Disabilities. My award letter reads: 38 CFR 4.59 allows consideration of functional loss due to painful motion to be rated at least the minimum compensable rating for a particular joint. Pressing enter in the search box Other researchstates non-battle service injuries traditionally rival battle-related injuries. The higher number refers to the dominant arm, while the lower number refers to the non-dominant arm. Higher-level review lane: You request that a more experienced claim reviewer process your claim. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. If the non-dominant hand has been amputated, the rating is 70%. Although all tendons are at potential risk of injury, the medial and lateral epicondyle sites seem more susceptible to repetitive motion disorders. the appropriate disability rating shall be determined by mandatory VA examination. If you use our VA disability ratings calculator, it will automatically detect and add the bilateral factor in for you. https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRd3005f7d828ea7b/section-4.71a. If you have not had an amputation, but cannot use your hand in any way, the VA will give you a rating of 70% for your dominant hand. or less between the thumb pad and the fingers, with the thumb attempting to oppose the fingers, evaluate as favorable ankylosis, (5) If there is limitation of motion of two or more digits, evaluate each digit separately and combine the evaluations, 5216 Five digits of one hand, unfavorable ankylosis of. They are very knowledgeable. There are 3 primary ways a veteran can get a VA disability rating for Knee Pain: #1: Direct Service Connection for Knee Pain with a rating of 10%, 20%, or 30%. guide. Elbow and forearm injuries do not need to have been inflicted during combat to receive a rating. A 60% rating will be assigned if it is your non-dominant hand. By continuing to use our website, you agree to these updates. Organization and Purpose Feel free to call us at (866) 232-5777 anytime. 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.) The disability rating will dictate the rate of compensation you receive for the injury/impairment. The term service connection by aggravation means that you had tennis elbow before the military and your service made it worse. The VA will assign one of three diagnostic codes to your disability, which are 5206, 5207, or 5208. 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. Without other injury to the muscle10, 5327 Muscle, neoplasm of, malignant (excluding soft tissue sarcoma)100. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. https://www.ecfr.gov/current/title-38/chapter-I/part-4/subpart-B/subject-group-ECFRd3005f7d828ea7b/section-4.73, 5324 Diaphragm, rupture of, with herniation. These ratings range from 10% to 40%. We are sorry that this post was not as useful for you! You can learn more about the process (c) Amputations at distal joints, or through distal phalanges, other than negligible losses, will be rated as prescribed for favorable ankylosis of the fingers. Title 38 was last amended 4/24/2023. Disclaimer: This information is not legal advice. 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 . Hill & Ponton, a veterans disability law firm with several satellite locations around the country, is available to assist with your appeal. The code also states that if the forearm cannot turn the palm upwards by more than 0 degrees, this will be rated at 30% disability on the dominant hand. Veterans are particularly vulnerable to this condition because of the intense physical activity they engage in most days. 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. 5219 Two digits of one hand, unfavorable ankylosis of: Index and long; index and ring; or index and little fingers, Long and ring; long and little; or ring and little fingers, 5220 Five digits of one hand, favorable ankylosis of. Paraplegia: Rate under diagnostic code 5110. For Reservists, the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. If a veteran believes their elbow tendonitis is due to their time in service, they should consider applying for service-connected compensation. If these measures do not work, an individuals doctor may suggest physical therapy. Non-combat injuries that have a service connection are also compensatable. If you want to hand over the stress of the VAclaims processand give yourself every chance of successsimply book afree VA evaluationwith us today. These cookies allow the website to remember choices you make to give you better functionality and personal features. If the forearm cant turn the palm more than 40 degrees downwards, a rating of 20% is assigned for both arms. But he believes his disabilities are more severe-entitling him to a higher rating.
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