mrb Posted December 1, 2011 Share Posted December 1, 2011 I have been going to the P-Therapist working with range of motion issues( wrist,arm). I understand the Deluca Factor but i can't seem to find anyone that has a percent rating on this issue. Any answers will be helpful. Link to comment Share on other sites More sharing options...
JT24usn Posted December 1, 2011 Share Posted December 1, 2011 (edited) Deluca is pain on repetitive motion of at least three times. Claim is rated in degree of ROM. Deluca is where the pain starts at degree and on repetition jmho http://vbaw.vba.va.gov/bl/21/Advisory/CAVCDAD.htm%20/l%20bmd Edited December 1, 2011 by T8r Link to comment Share on other sites More sharing options...
donna68 Posted December 7, 2011 Share Posted December 7, 2011 Deluca isnt a rating or a number, it just represents the last name of a veteran who won a case. Deluca, argued that pain with motion should be compensated even if there isnt decreased range of motion. I have been going to the P-Therapist working with range of motion issues( wrist,arm). I understand the Deluca Factor but i can't seem to find anyone that has a percent rating on this issue. Any answers will be helpful. Link to comment Share on other sites More sharing options...
mrb Posted December 10, 2011 Author Share Posted December 10, 2011 Thanks Dot09, I have some P-Therapy numbers I will run by you soon. I have a ton of paperwork related to my hand and hip. I will be in touch. Link to comment Share on other sites More sharing options...
jfrei Posted December 12, 2011 Share Posted December 12, 2011 I am currently recieveing 10% for a foot contusion i revived while on active duty I am current awaiting my deferred claims for my shoulder and my broken finger. My claim was filed on 7/12/2010 and was sent to the tiger team in nov/2/2011 which is how i got my 10% but then they deferred the last three things. This waiting game sucks my last C&P was dec 2 2011 for my shoulder which was found 0 to 30 forward flexion 0 to 40 backward flexion 0 to 55 external rotation 0 to 40 internal rotation pain throughout all the motions. It states while at work on my c-file that i have to take breaks for resting of my shoulder and it takes me longer to complete tasks but then it states that my motion is not additionally imited by pain,fatigue, weakness or lack of endurance. WTF isnt that was just what was stated? Is this going to get denied or will I stay at 10 % and get disappointed? Very stressfull Link to comment Share on other sites More sharing options...
jfrei Posted December 13, 2011 Share Posted December 13, 2011 MRB, Basically stop before it hurts, don't force it.. If it hurts then don't do it. I had a Dr. assist me with my range of motion. Yeah it was 10 degrees but that 10 degrees was an attempt to deduct 10 percent. Big no no. It cannot be a assisted range of motion. That is a combined effort, not yours. (Less than or 25 degrees 40%/30% - 90 degrees 30%/20% - above 90 but less than full range 20%/10%) Also I would advise that you get MRI's. Ask your primary care Dr. for a consult to orthopedic. Reason being I was rated under range of motion, but then when I found out more it was MDI.. That is a partial dislocation with constant guarding.. This condition cannot improve but can be maintain.. Basically understand what you are compensated for, that way you can better lock in your percentage. I am very familiar with the shoulders and wrist.. If you have any question message me. Good luck and don't give in 0 to 30 forward flexion 0 to 40 backward flexion 0 to 55 external rotation 0 to 40 internal rotation pain at 30 and 40 and pain throughout 0-55 degrees. My c file also explains that i have to to take frequent breaks at work and prolong jobs longer then normal because of shoulder boss being understanding. it then stated that motion is not additionally limited by pain fatigue weakness or lack of endurance How can even make sense after what they said previouly? Is this looking bad or good for my claim IM only receiveing 10% for a right foot injury Link to comment Share on other sites More sharing options...
mrb Posted December 13, 2011 Author Share Posted December 13, 2011 Heres one for ya, is pain with range of motion a rating itself or is it considered a mental rating. Link to comment Share on other sites More sharing options...
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I have been going to the P-Therapist working with range of motion issues( wrist,arm). I understand the Deluca Factor but i can't seem to find anyone that has a percent rating on this issue. Any answers will be helpful.
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