They told me at that time they could and would help me. 4.14. I feel that with Woods and Woods I will win my case with no problems. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Bursitis could also be related to other disabling conditions like Diabetes, tendonitis, gout, or arthritis. Painful arc test was positive on both sides between 60 and 120 degrees. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! You're not alone. App. The Veteran could not reach overhead without increase in symptoms. 30/20% - midway between side and shoulder level. They can be caused by other conditions as well, such as tendon injury or diabetes. 2009). The criteria are not met for a rating higher than 30 percent for the Achilles tendon strain/tear with Achilles tendinitis, bursitis, and Haglund's deformity of the right foot. Department of Veterans Affairs Regional Office in Portland, Oregon As the right foot disability and scar are contemplated by the rating criteria, referral for consideration of an extraschedular rating is unwarranted. Occurs when tendons and cartilage cannot properly support the knee joint. In these cases, a doctor can aspirate the cyst using a syringe. While most ganglion cysts go away on their own without causing problems, some cause pain, difficulty with joint movement, or other issues. 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. On this page, we look at some of the wrist conditions that might be affecting you and then discuss how the VA handles these when a related disability claim is filed. 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. Flare-ups resulted in ache that turned sharp with overhead activity or putting on coats or shirts. If you are rated at 70% for PTSD and 50% for Migraine Headaches, you wont be 70% + 50% = 120% disabled. Wan to Speak with a VA Disability Claim Expert? ModerateVA Disability Rating: 10%. The Veteran is presently service connected for bilateral shoulder rotator cuff tendonitis/bursitis, rated as 10 percent disabling on each side. 2009). Unlike pension or SSD, VA disability is solely based on the measure of your disability and its total impact on your life. Thun v. Peake, 22 Vet. Veterans suffering from wrist pain might be eligible for disability for tendonitis, De Quervains Tenosynovitis, Carpal Tunnel Syndrome, or other wrist injuries. VA Disability Law; New VA Appeals Process; A 2023 Guide to VA Disability Rates & Pay Schedules; Guides. (For example, your PTSD is rated at 100%, so your six other rated disabilities might not even come into play.). 4.3. This firm is so good at what they do! Likewise, the Board also finds the September 2015 examination report inadequate for several reasons. A 40 percent rating is assigned to the dominant shoulder and a 30 percent rating is assigned to the non-dominant shoulder when motion is limited to 25 degrees from the side. Symptoms of DeQuervains, as with tendonitis alone, generally include pain and tenderness, especially when a tendon moves through the wrist. You may be owed compensation. 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. The VA assigns a 20 percent disability rating if your forearm flexion does not extend past 100 degrees and your forearm extension does not extend past 45 degrees. 13-34 579 ) DATE 202 (1995). Here, the duty to notify was satisfied by way of a letter sent in June 2012. 3.159(b). I first looked at the internet to see how many lawsuits were filed against the VA. Severe - rated at 30% to 40% depending on dominant or non-dominant arm. I was shocked when the VA Hospital told me I had to be 80% to 100% disabled in order to use the hospital for dental work. App. 3.321. As already alluded to, on remand service connection was granted for a consequent right Achilles tendon repair scar in a February 2015 rating decision following and as a direct result of the Veteran's June 2014 right foot Haglund's resection surgery. Thun v. Peake, 22 Vet. Service Connection for Ankle Tendonitis To establish service connection on a direct basis, veterans must satisfy three requirements. Ganglion cysts are noncancerous lumps that can develop along the tendons or joints of the wrists or hands (they can also occur in the ankles and feet). Today, VA announced its next update: The musculoskeletal system and muscle injuries. 4.71a, Diagnostic Code 5278. The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life, including employment. VA has a duty to notify and assist claimants in substantiating claims for VA benefits. While a 0% VA disability rating is still considered service connected with some VA benefits, the 0 percent VA rating is not eligible for monthly tax-free compensation benefits (the 0% VA rating is non-compensable by law). Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Its based on factors including a medical diagnosis or test results, the results of a VA claim exam, and other information (e.g., from other federal agencies). Generally speaking, the VA disability rating system operates on a percentage scale from 0% to 100% with each percentage representing a level of disability. The VA also applies two special disability ratings for plantar fasciitis. 4.1-4.7, 4.10, 4.71a, Diagnostic Codes 5276-5284 (2015). 3.321, 4.1, 4.3, 4.7, 4.40, 4.45, 4.59, 4.71a, diagnostic Codes 5109, 5201 (2015). WITNESS AT HEARING ON APPEAL No additional limitation of motion was noted on repetitive testing. How to File a Claim on VA.gov (step-by-step)! Upon receipt of a complete or substantially complete application for benefits, VA is required to notify the claimant and his or her representative, if any, of any information and medical or lay evidence that is necessary to substantiate the claim. VA DISABILITIES OF THE MUSCULOSKELETAL SYSTEM What is the musculoskeletal system for VA rating purposes? (See VBMS, VA Examination, 4/6/2010). The right foot scar measures 4 cm by .5 cm and the June 2015 VA examiner found that the scar was painful with sensitivity to the surrounding area. As such, the maximum rating afforded by the Diagnostic Code is 20 percent for the right and the left. A VA disability claim for an orthopedic condition is one involving your joints or muscles. 2. A disability rating is based on how severe the condition is and how the disability impairs the veterans earning capacity. Scars are rated under 38 C.F.R. The Veteran served on active duty from December 2000 to July 2005. The manifestations shown are contemplated in the rating criteria and the rating criteria, therefore, are adequate to evaluate the severity of his right foot disability and scar, including in terms of its consequent effects on his social and occupational functioning in his daily activities. Finally, in exceptional cases an extraschedular rating may be provided. Veterans Law Elbow Tendonitis (Tennis Elbow) and VA Disability Benefits December 17, 2020 Updated: March 29, 2022 What is Elbow Tendonitis? Examples for shoulder and arm injuries could include a VA disability rating for shoulder range of motion, VA disability rating for shoulder tendonitis, or VA disability rating for shoulder impingement. Department of Veterans Affairs Regional Office in Houston, Texas Review of the claims file, however, reveals the Veteran's service-connected disability was last examined by VA in June 2015, so more recently than thought, and there is no indication, either in the treatment records or statements from the Veteran, himself, that it has worsened since. Because its physically impossible to be more than 100% disabled. He reported pain with all overhead activity. Cir. The percentage ratings in the Schedule for Rating Disabilities represent, as far as practicably can be determined, the average impairment in earning capacity resulting from service-connected diseases and injuries and their residual conditions in civilian occupations. CONCLUSIONS OF LAW Separate diagnostic codes identify the various disabilities and the criteria for specific ratings. That report documented dull, aching and sharp pain in the shoulders which worsens with reaching, lifting and carrying. Other Considerations App. 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. In reaching this conclusion, the Board does acknowledge that the Veteran's July 2012 and September 2015 examinations showed range of motion beyond the shoulder level, and therefore, staged ratings should be considered. Take 50% of 30% and you wind up with 15%. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Hart v. Mansfield, 21 Vet. Veterans Law Judge, Board of Veterans' Appeals The Veteran was not able to carry 40 lbs. Add that 15% onto the original 70%, and you wind up with an 85% total disability rating, which would be rounded up to a 90% combined VA disability rating. DOCKET NO. The Veteran is presently service connected for peripheral vascular disease of the left and right lower extremity, diabetes mellitus, type II, and chloracne. 174 (2007). ); see also Jackson v. Shinseki, 587 F.3d 1106 (2009). 505 (2007). There was evidence of pain with weight bearing. 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). There was evidence of pain with weight bearing. Top 5 Ways to Increase Your VA Disability Rating, Lumbosacral or Cervical Strain(Back Pain), Limitation of Range of Motion of the Ankle, You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim, Better Business Bureau (BBB) Accredited Business. 38 C.F.R. Where, as in the case of the Veteran's back, right knee, and left knee disabilities, "entitlement to compensation has already been established and an increase in the assigned evaluation is at issue, it is the present level of disability that is of primary concern." The wrist and hand together comprise 27 small bones, with eight being in the wrist specifically. REPRESENTATION See 38 C.F.R. Can you join the Army or Military with Flat feet? Early intervention in the form of immobilization and anti-inflammatory medications can sometimes restore the bone not in every case, though. Opinion Requested #2: Direct service connection. However, any swelling of the tendons or thickening of the sheath results in increased friction and pain especially with certain thumb and wrist movements. You must: Have a current medical diagnosis for tendonitis Have experienced an in-service event or injury that caused your tendonitis Get a medical nexus explaining that the in-service event led to your tendonitis THE ISSUES the 10 percent rating, 2 or more episodes following the initial infection are required. The Veteran I had many injuries during that time. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Neer's test was positive on both sides. Carpal tunnel syndrome causes pain, numbness, and tingling in the hand and arm. It passes through the wrist. However, the evaluation of the same disability or its manifestations under various diagnoses, which is known as pyramiding, is to be avoided. App. Blog VA Disability for Knee Tendonitis: What To Know Posted by Berry Law on August 15, 2022 in Disability Ratings Knee tendonitis affects thousands of Veterans every year. Citation Nr: 1629805 VA will also provide a medical examination if determined to be "necessary" to decide the claim. Id. Note: A rating of 100 percent shall continue beyond the cessation of any surgery, radiation treatment, antineoplastic chemotherapy or other therapeutic procedures. As such, the Board must also find that examination report inadequate to rely upon in evaluating the Veteran's claims. Use our VA disability calculator to estimate your combined VA rating and monthly payment. 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. The Veteran's right foot disability most nearly approximates a severe right foot disability without flatfoot or an acquired claw foot. It's true! ATTORNEY FOR THE BOARD App. To get VA disability for tendonitis, you must be able to show the VA three elements. Nonetheless, some exceptions have been made over the years by referencing sections of the VA rating code, other than those for wrists specifically. Pain was noted to cause functional loss, although any additional degree of loss was not given. Veterans, how would you like to learn about the new 2022 VA disability percentages for conditions, using actualVeteran Benefits Administration (VBA)data as your north star? 1155, 5107; 38 C.F.R. Your orthopedic conditions could affect your knees, hips, back, shoulders, elbows, wrists, neck, feet, or ankles. If you have one disability, then the rating for that disability and the rating for your total disability will be one and the same. Here, were referring to both original disability compensation and additional filing for increased disability compensation. 4.7. According to that number, they would assume that 100% 70% = 30% of you is still healthy..