SC % For Pain in Body Parts

[glashutte]

Hi everyone, 

I see a lot of posts where people post things like:  0% lower back pain, 10% shoulder pain, etc. 

Is there an actual diagnosis for pain or are they referring to arthritis? I was seen and diagnosed for chronic pain during service but was never diagnosed as arthritis or any specific condition. 

Should I even claim these? It was just mysterious random pains treated with Ibuprofen. 

[broncovet]

"Pain" is a symptom that is, potentially, compensable.  Many times it will be the degree of pain.  For example if the pain is such that you can not (perform some type of work), then that is very compensable.  

Yes, you should seek compensation for all benefits you are entitled to.  However, you probably wont be compensated for it UNLESS you meet all 3 of the Caluza triangle criteria (current diagnosis, in service event or aggravation and nexus), AND you have symptoms, such as pain, loss of use, loss of range of motion, etc.  

[glashutte]

I see..

Is lower back pain itself a diagnosis? I have had x rays done on my back but I think my diagnosis was just lower back pain

[saxman]

Glashuttle- you need a diagnosis of what is causing the pain in your back. Examples are- strain back muscle, arthritis,  or injury to your back in service ext.  plus the other two broncovet mention. remember pain is not a condition. you must know what's causing the pain.

[Berta]

Oddly enough Ben Krause had this article today at his site:

https://www.disabledveterans.org/2018/04/04/fed-cir-veterans-can-now-get-disability-pain-alone-va-opposition-illogical/

In part Ben states:

"The Federal Circuit just reversed years of bad case law finding veterans can receive a service-connected disability for pain alone without a present diagnosis or pathology.

Basically, the Court concluded the Department of Veterans Affairs added additional criteria to what the term “disability” means as it related to disability compensation. The Court called VA’s argument as to the interpretation of what “disability” means “illogical in the broader context of the statute”.

This Opinion from the Federal Circuit was just published on line 12 hours ago:

It might change things regarding tyhe way VA vfews "Pain:

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1466.Opinion.4-2-2018.1.PDF

 

[saxman]

 

Thanks Berta, this is great news for me because I have an appeal at the board that this could help.

 

[glashutte]

Wow great find Berta. 

In regards to submitting claims, if one was only diagnosed with 'pain' to joint such as shoulder and lower back, should it be plainly submitted as Pain? (now knowing this new information)