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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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paulcolrain

is this pyramiding or is this law

Question

so during my last c + p exam The Dr. stated that my range of motion has met the criteria for 5251, and 5252, and 5253.

now this page says it is lawful to be rated under all these 3 codes.

http://www.militarydisabilitymadeeasy.com/hipandthigh.html

All three of these codes for limited hip motion CAN be used together. So if the hip is limited in flexion, extension and abduction, then it can be rated three times, once under code 5251, once under code 5252, and once under code 5253. Each code can only be used once, however, so if the hip is limited in abduction and adduction, both are rated under the same code (5253) and so two ratings cannot be given.

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but, this old BVA claim reads different...

Moreover, separate evaluations under Diagnostic Codes 5251, 
5252, and 5253 are not appropriate because of the rule 
against pyramiding.  38 C.F.R. § 4.14.  A claimant may not be 
compensated twice for the same symptomatology, as "such a 
result would overcompensate the claimant for the actual 
impairment of his earning capacity."  See Brady v. Brown, 4 
Vet. App. at 206.  The 30 percent disability rating assigned 
under DC 5255 for a marked hip disability contemplates 
limitation of motion of the left hip.  See VAOPGCPREC 23-97 
(July 1, 1997).

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The discrepency here is likely explained by the different dates.  VA law is in constant flux, so I recommend you look up the dates for each and the most recent one should prevail.

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Drill down on the CFR. Find out the exact words used and look at dates of changes. All changes have to be posted in the Federal Register, but usually cornell law will give you dates. The table of amendments are listed on appendix A at the bottom

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well i did get the answer on ebenefits this morning.. :):)

yes all 3 codes got rated and bilateral.. yeah im finally 80%

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That is Great News Paul!

The actual decision will tell you more.

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