Rating Question

[dolin333]

If anyone would have an answer or be able to tell me where to look, I would really appreciate it.

Was awarded 20% in 1969 for three wounds that VA combined all together; one is on the outer right thigh (hip level) approximately 4" long (vertical-superior lateral thigh) with quite visible muscle damage. The second wound is on the right buttocks and is also approx. 4" long (horizontal-right lateral gluteus maximus) with quite visible muscle damage. The third wound is about 4" to 5" below the buttocks and is also approx. 4" long and is horizontal (superior posterior thigh), large scar but does not appear to have any muscle damage.

Question is, are they allowed to combine the three wounds (some type of muscle group), even though they are different muscles or did they make an incorrect initial decision by combining the three wounds to the hip and buttocks. I've been looking at decisions and googleing, but have not had much success.

Thanks for your time and comments.

[jbasser]

The schedule for rating disabilities 4.56 explains muscle injuries.

Also the ratings for the Backside are:

5317 Group XVII. Function: Extension of hip (1); abduction of thigh; elevation of opposite side of pelvis (2, 3); tension of fascia lata and iliotibial (Maissiat's) band, acting with XIV (6) in postural support of body steadying pelvis upon head of femur and condyles of femur on tibia (1). Pelvic girdle group 2: (1) Gluteus maximus; (2) gluteus medius; (3) gluteus minimus

Severe *50

Moderately Severe 40

Moderate 20

Slight 0

If the injuries are on the same muscle group then the VA has a Avoidance of pyramiding rule. Only 1 disability per body part.

J

[dolin333]

J,

Thanks for your reply, guess I'm going to ask to be re-rated. When I was first rated I was just out of the service and just wanted to get on with my life. Pretty sure they did not take the muscle damage into consideration since on a recent C&P the VA Doctor told me that I had quite a bit of muscle damage. Again, thanks for the answer.