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I Need Help With M21- Interpretation
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mos1833
i was denied in 1985 , because of a defect in my back, ( congential transitional vertebra ) under 5299=5295 they called it an anomaly, is an anomaly the same as a deformity.
5. Until December 13, 2005, the Veterans Benefits Administration (VBA) Adjudication Procedures Manual M21-1, Part VI, 11.06f, stated:
If there is any limitation of motion together with deformity (compensable or noncompensable), add 10 percent under hyphenated diagnostic code 5285-5290 (limited motion of the cervical spine), 5285-5291 (limited motion dorsal spine), or 5285-5292 (limited motion lumbar spine). Whenever there is muscle spasm together with deformity and the requirements for a compensable evaluation under diagnostic code 5295 are met, add 10 percent to the assigned evaluation under diagnostic code 5285-5295.
This provision is consistent with the view that a maximum increase of 10 percent for vertebral deformity may be added to the rating assigned to a spinal segment based on limited motion or muscle spasm. Although the Manual M21-1 does not contain substantive rules subject to public notice and comment, it provides institutional guidance to VBA’s adjudicators as to the interpretation and application of VA’s regulations. Indeed, in the veteran’s case discussed in the opinion request, the regional office applied the 10-percent provision only once, consistent with the interpretation discussed above.
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