Definition For Symptoms And Residuals

[zeelarry]

Okay, here's the deal. I have looked everywhere in the CFR, VA's Regulations, FAST Letters, Legal Opinions, and etc., but could not find how VA defined the 2 words: Symptoms & Residuals.

Situation is that the VA Little Rock's RO rating for my Gallbladder, removal of [with xxxxx SYMPTOMS] SC 7418, only refers to RESIDUALS, with no mention or reference to SYMPTOMS. In looking up the definitions in several dictionaries [Legal, Medical, and Common] for the 2 words meanings, there is NO WAY the 2 words can be used in conjunction with each other. Simply put, SYMPTOMS are the before, while RESIDUALS are the after. So, how can VA rate something with using RESIDUALS instead of SYMPTOMS?

Finally, the 2 words are used throughout the CFR's Schedule of Ratings, for different disabilities, and it appears [to me] that the words are specifically used.

THANKS

[Fat]

I am not a savant, however I think both terms are interrelated as it relates to VA disability.

You break a hand and initial symptoms are swelling, pain, tingling, and restricted ROM.

After surgery, there is reduced ROM, a scar, limited flexion, and decreased strength (long term effects from broken hand).

Residuals- refer to the permanent status after disability occurs.

Symptoms- are indicators of a present disability.

NEVER GIVE UP

[Buck52]

Good example Fat!!

I agree with you!

...............Buck

[zeelarry]

Thanks FAT & BUCK,

I agree on what FAT has stated and his good example. Also, as FAT stated: I think both terms are interrelated as it relates to VA disability. And that is my contention/problem with the rating. In my case, and I'm sure there are others, VA is using their own definitions as they wish to, without statutory or regulatory references. If so, CAVC has stated time after time, that plain language/dictionary definitions will be used as to the meaning of words and phrases.

Also, as stated, VA evaluated & rated the residuals [0%] of the gallbladder removal, while referring to other disabilities. Meanwhile, they never addressed nor rated the gallbladder removal with severe SYMPTOMS. They only addressed the RESIDUALS [under other Disability Codes] and rolled them all together for their low ball, 0% rating, of gallbladder removal with severe SYMPTOMS. Kind of mixing oranges & apples. I feel that VA did this mixed-matched wording, of the RESIDUALS ratings, to gloss over the fact that they did not rate the SYMPTOMS for the gallbladder removal.

Edited July 31, 2015 by zeelarry