De Luca- Pain Ratings - VA Disability Compensation Benefits Claims Research Forum - VA Disability Claims Community Forums - Jump to content
VA Disability Claims Community Forums -
  • 0

De Luca- Pain Ratings

Former Member


Someone the other day mentioned the DeLuca decision as applied to their claim-

Basically this explains it and how the VA applies DeLuca.(from:

C. DeLuca and extraschedular considerations

Functional loss due to pain under 38 C.F.R. § 4.40 (including

pain on use or during flare-ups) and functional loss due to

weakness, fatigability, incoordination or pain on movement of

a joint under 38 C.F.R. § 4.45 must be considered in the case

of disabilities involving a joint rated on the basis of

limitation of motion. See DeLuca v. Brown, 8 Vet. App. 202


Although the veteran has intermittently sought treatment for

back pain over the years, he has consistently been able to

display at least some range of motion of the lumbar spine

without pain (as detailed above). Moreover, the 20 percent

rating that he current has been assigned (which also

contemplates limitation of motion) more than adequately

compensates for any potential functional loss due to pain on

use or during flare-ups, or due to weakness, fatigability, or

incoordination. Moreover, following his January 2005

examination, a VA physician concluded that no additional

limitations were noted with repetition of movement during the

examination that were related to pain, fatigue,

incoordination, weakness, or lack of endurance. Additional

compensation under 38 C.F.R. §§ 4.40, 4.45 is simply not


Link to comment
Share on other sites

  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

Popular Days

0 answers to this question

Recommended Posts

There have been no answers to this question yet

This topic is now closed to further replies.

  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.


  • have-question-title-2.jpg

    • Read without registering.
    • Register to Post A Question.
    • Find Answers Fast - Search

    Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on. Use paragraphs instead of one massive, rambling introduction or story.

    Again – Make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.

    exclamation-mark-orange-gold.jpg How To Post

    Post a clear title like

    Need help preparing PTSD claim or “VA med center won’t schedule my surgery” instead of  ‘I have a question."

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?


    Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.


  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • Create New...

Important Information

Guidelines and Terms of Use