He reported that he had worked full-time at Meister Cheese from March 2010 to June 2010, but had to quit because of hip pain; that he had been in college from August 2010 to May 2012; that he had worked at K. Lee Construction and Cabinetry from June 2012 to May 2014, but left due in part to hip pain; that he worked at Walmart part-time from June 2013 to July 2013 but left due to hip pain; that he worked for two days in February 2014 at Scott's Industries, but left due to hip pain; and that he had worked since May 2014 at D and P Enterprises part-time doing landscaping but had missed significant work due to hip pain and pain medication. Confidential or time-sensitive information should not be sent through this form. The Veteran has never been diagnosed with a flail hip joint, and is therefore disqualified from being evaluated under Diagnostic Code 5254. 38 U.S.C.A. This data may be used to help optimize our websites and make them easier for you to navigate. The Board has considered multiple rating codes to determine if there is any basis to increase the Veteran's assigned rating. A veteran with a disability affecting only his left arm has his right arm to use for daily tasks. Depending on your conditions, you may qualify for SMC (Special Monthly Compensation). 35, 38 (1993); see also Bradley v. Peake, 22 Vet. While the calculations can be confusing, the important thing to remember is that the bilateral factor works in favor of the veteran and provides for an overall higher combined rating. A February 2010 VA examination showed no evidence of ankylosis. Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic codes 5013 to 5024, inclusive. However, as the evidence is not pertinent to the claim decided here, a remand for RO consideration of the evidence is not necessary. 2007); Dunlap v. Nicholson, 21 Vet. To get the veterans final combined rating we combine the 31% with the veterans back condition rated at 40%. However, the Veteran was not able to perform repetitive-use testing as the pain after the initial evaluation was too much. The following measurements are taken to determine the ROM of the hip: Flexion: Forward motion of the leg at the hip - like taking a step forward. As mentioned above, the RO rated the Veteran's left hip disability by analogy under Diagnostic Codes 5299-5253 and 5299-5255, and awarded the Veteran the minimum compensable rating for the joint due to painful motion. Feel free to call us at (866) 232-5777 anytime. A 10% rating for carpal tunnel on your left hand and a 60% rating for instability on your right hand would qualify for the Bilateral Factor and probably put you into 100% TDIU range. The Veteran stated that, since his last VA examination, he had had increasing pain that limited his walking, standing, and sex life. The therapist noted that the Veteran was complaining of worsening symptoms so that he could not use the treadmill. They are not intended as a guarantee that we will obtain the same or similar results in every case we undertake. Without these cookies, services you have asked for cannot be provided. In this particular example, that extra 3.7% was just enough to push the overall combined rating increased to 50%. Hip pain is a fairly common complaint as people get older. #1. The bilateral factor recognizes the limitations caused by these disabilities and how they can impact the veteran. The Veteran's claim for entitlement to a higher rating arises from his disagreement with the initial evaluation following the grant of service connection, so additional notice is not required and any defect in the notice is not prejudicial. 1155; 38 C.F.R. VA Disability Rating for Hip Pain - Gerling Law The 60% rating for your right hand and a 50% rating for knee pain in your left knee would not qualify for the Bilateral Factor. Check out our Hip and Thigh Conditions Ratings page for the exact codes and ratings. Contacting us does not create an attorney-client relationship. Marginal employment shall not be considered substantially gainful employment. He also endorsed popping and catching in his hip. VA Bilateral Factor and How it Impacts Your Disability Rating Lets look at this step by step with an example. At that time he was diagnosed with left proximal thigh tendonitis. On VA examination in November 2015, the Veteran noted minimal improvements since his hip surgery. The orthopedist stated that the Veteran had positive impingement signs. While the Veteran endorsed hip pain, he denied weakness or fatigue with the flare-ups. VA Disability Hip Pain Secondary to Knee Pain - VA Claims Insider OFA FCI (European) BVA (UK/Australia) SV (Germany) Excellent: A-1: 0-4 (no >3/hip) Normal: Good: A-2: 5-10 (no >6/hip) Normal: Fair: B-1: 11-18: Normal: Borderline: B-2: 19-25: Fast Normal: Mild: C: 26-35: Noch Zugelassen: Moderate: D: 36-50: Mittlere: Severe: E: 51-106 . At that time, he noted that he was not having problems with his daily living activities and was able to stand and walk without limitation. They are very knowledgeable. It doesnt matter if its carpal tunnel syndrome in your wrist, elbow flexion and extension issues, an amputated hand, or forearm twisting pain, the whole arm counts as a single unit when it comes to the Bilateral Factor. When, however, the limitation of motion is noncompensable under the appropriate diagnostic codes, a rating of 10 percent may be applied to each such major joint or group of minor joints affected by limitation of motion. 3.102, 3.340, 3.341, 4.16, 4.19 (2015). If you have received a letter from the VA detailing all of your approved ratings, or if you are trying to find out how much youll get per month for your disability caused by your time in the military, you can use our free VA Ratings Calculator. How Much Does Having Bilateral Disabilities Increase My Rating? VA rates rheumatoid arthritis in the ankle under 38 CFR 4.71 (a), Diagnostic Code 5002. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for Diseases and Injuries of the Spine, DC 5237, Lumbosacral or Cervical Strain (Neck Pain). Watch on If the hip is not frozen, the hip condition is rated based on the limitation on ROM. There was no objective evidence of crepitus. Yes, if you have the other requirements of TDIU (Total Disability Individual Unemployability) which are one service connected disability rating of at least 60% or two or more service connected disabilities at least 40 percent or more each with a combined rating of 70 percent or more. Though a complicated concept, the benefits provided are intended to acknowledge how disabilities affecting both sides of the body can severely limit a veterans ability to function. The December 2015 VA examiner noted that the Veteran would be unable to perform significant work due to his inability to stand or sit for significant periods of time without pain. 242, 250 (2011) and Bradley v. Peake, 22 Vet. Some of the common knee conditions covered by diagnostic codes are as follows: See Fisher v. Principi, 4 Vet. App. ("[R]ating schedule will apply unless there are 'exceptional or unusual' factors which render application of the schedule impractical."). They do not store directly personal information, but are based on uniquely identifying your browser and internet device. 38 U.S.C.A. Daily tasks that we consider simple such as washing hair, cooking food, buttoning a shirt, become not so simple anymore. Individual unemployability must be determined without regard to any nonservice-connected disabilities or the veteran's advancing age. VA Disability Rating for Hip Pain - Hill & Ponton, P.A. 38 C.F.R. 5004 Arthritis, gonorrheal. A service-connected right shoulder at 20 percent disabling and a service-connected left elbow at 10 percent disabling combine to equal 28 percent. LII Electronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - SCHEDULE FOR RATING DISABILITIES Subpart A - General Policy in Rating 4.26 Bilateral factor. In this case Diagnostic Code 5299 refers to the left hip internal derangement disability, while the more specific Diagnostic Codes 5253 and 5255 refer to impairment of the thigh and impairment of the femur respectively. This gives us a combined rating of 31% for the veterans bilateral conditions. VA Disability Benefits for Foot Conditions | CCK Law we represent clients nationwide. App. These cookies dont collect information that identifies you. VA Disability Benefits for Hip Pain Secondary to Knee Pain 4.2, 4.6. The Bilateral Factor adds 10% of 44% which is 4.4%. 38 C.F.R. App. Disabilities must be reviewed in relation to their history. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices This communication with the firm or any member of the firm does not establish an attorney-client relationship. 280 (2008). Then, in a June 2014 rating decision, the Milwaukee RO awarded a temporary evaluation of 100 percent effective August 5, 2013 based on surgical treatment necessitating convalescence and ordered the 10 percent evaluation to be restored November 1, 2013. 1114(s), 5107(b) (West 2014); 38 C.F.R. Hip International Ratings Matrix; OFA FCI (European) BVA (UK/Australia) SV (Germany) Excellent: A-1: 0-4 (no >3/hip) Normal: Good: A-2: 5-10 (no >6/hip) Normal: Fair: B-1: 11-18: Normal: Borderline: B-2: 19-25: Fast Normal: Mild: C: 26-35: Noch Zugelassen: Moderate: D: 36-50: Mittlere: Severe: E: 51-106: Schwere: 2300 E Nifong Blvd Columbia, MO . 7 (1996). He also reported having flare-ups. 5006 Arthritis, typhoid. What would have rounded down to 40% (or $731.86 per month) is now a 50% rating which is worth $1,041.82! ORDER VA Disability Rating for Hip Pain Hill & Ponton P.A. Right foot with 3 toes amputated and left hip replacement. 3.102 , 3.350 (2015). If you continue to use this site we will assume that you are happy with it. Plantar Fasciitis. Here is a video of one of our Veterans Disability Lawyers teaching you how to use our VA Disability Combined Ratings Calculator. If the VA denied your disability claim, or youd like to appeal for a higher rating, the team at Hill and Ponton may be able to help. SMC 4.40 (2015); DeLuca v. Brown, 8 Vet. App. 2. Yes, absolutely! Shin splints are common among people who have completed military service, What is Spinal Stenosis? ) 4.1. When you call us and talk to your case manager, he or she will ask you a thorough number of questions to help you get the highest VA disability rating you can get. The bilateral factor recognizes the limitations caused by these disabilities and how they can impact the veteran. 38 C.F.R. App. Lastly, while the November 2015 VA examiner indicated that imaging studies documented arthritis in the left hip, arthritis is rated on the basis of limitation of motion under the diagnostic codes for the specific joint involved and cannot be combined with ratings based on limitation of motion of the same joint. See Bradley, 22 Vet. Through the bilateral factor, veterans can be compensated for the severity of the disability and the impact it has on the ability to function. 38 U.S.C.A. 1. How Do I Increase My VA Disability Rating? Once the bilateral factor is calculated it is added to the combined rating of the bilateral conditions. App. It is important to note that a veteran does not have to have the same disability on both sides in order for the bilateral factor to apply. App. Visit our website at cck-law.com. There are many times that the VA might overlook your need for extra monthly help. Hip Conditions And VA Disability Benefits - The Veterans Law Office