Shoulder, Loss Of Range Of Motion.

[allan]

I've been waiting for 15 months for the RO to finish processing a rating that was remanded by the BVA in 2009. They've rated the left shoulder arthritis due to trauma at 10%, but not the loss of range of motion noted in medical examinations and the C&P they sent me to. I claimed this as a secondary issue after it was remanded by the BVA for rating in 2009

The C&P examiner also states there is bursitis, tenosynovitis, and moderate tendinosis/tendinopathy and that it is a result of progression of the previous diagnoses of arthritis due to trauma.

After 15 months of waiting for a SOC from the VARO on my NOD, I hear through the 1-800 number that their waiting for me to sign the form 9 and send it on to the BVA. I told the operator i've had no contact from the VA and i'm not about to sign a form 9. What I want is my NOD to be processed for the remaining issues at the VARO level.

I've read that bursitis, tenosynovitis, and moderate tendinosis/tendinopathy are not to be combined. Can someone explain what that works out to as a rating? Seems like it should be evidence of an increase for the Arthritis due to trauma at 10% and rate as loss of range of motion.

thanks for any replies................Allan

[jbasser]

Alan, they should rate the most serious issue and go from there.

The ROM should be the key. If you cant raise your arm above shoulder level it should be a higher rating.

J

[JR Reihs]

I agree with JB, having a SC'ed shoulder injury I was given a 20% rating even though I have nerve damage that causes scapula winging when raising my arm. I could have appealed this nonsense and it really po'ed my Ortho doc off that the claim was low balled as he stated that 40% was a no brainier under the guidelines, but it was all part of several claims in going for IU so it did not matter much in the long run and after 7 years I was spent.

Rom was his main point in the rating, Arthritis was secondary. His 30% was because of not being able to raise my arm above shoulder level.