C&p Results Question

[cooter]

i was reading a part of my C&P results under "Functional Loss" re; my right total knee replacement claim. The examiner checked positive for each function loss, which I believe were 14 different ones. Then I ran across this in the 38 CFR 4.40...Functional Loss. My Question is, concerning the last underlined sentence. would I fall under this? would this be considered as unemployable?

The

functional loss may be due to absence

of part, or all, of the necessary bones,

joints and muscles, or associated structures,

or to deformity, adhesions, defective

innervation, or other pathology,

or it may be due to pain, supported

by adequate pathology and evidenced

by the visible behavior of the

claimant undertaking the motion.

Weakness is as important as limitation

of motion, and a part which becomes

painful on use must be regarded as seriously

disabled.

Coot

[cooter]

. Good to hear from ya Hoppy. Actually it didn't mention unemployability in the 4.40. What I was wondering is, when it mentioned Seriously disabled, was that another way of saying unemployable Sorry about that. Also it did ask if my disability prevented me from working and the examiner wrote

sedentary only. Now what I do have going for me is, (1) my ROM is worse now than before the TKR

(2) The examiner wrote positive on all the options regarding Functional Loss, like weakness, fatigue,

cronic pain on motion, instability, loss of motion, ect, ect. (3) The examiner didn't mention anything

about my meds and the effects. which is 200mg of morphine and 75mg of oxycodone a day...not to mention what I live with daily. I.m also rated 60% for the TKR and 10% for Hemorrhoids that constantly flare up with persistent bleeding. Haven't worked since 08. At this point I really don't know what their going to say.

Coot