Rating Pain for Compensation

[Buck52]

A  Veteran I am helping out with his claim's Recent

I read his award letter Back in Feb 2018 and they rated him 10% for pain!

they call it

''Patellofemoral pain syndrome''. ..his is pain  is in both knees but they only rated his right knee.  & the other  left knee at 0%

So if you been rated for a disability...say arthritics or DJD and you are Service Connected for it and get a lower rating % such as 10%...you should be able  to or meet the criteria for rating of the pain that disability causes. it maybe a low 10% but those 10%add up. 

if you use a VSO have him/her to check on that for you.

I know I read some where (can't remember) but the VA is Now rating our pain for compensation.

[Berta]

I believe that is due to Saunders V Wilkie, explained here:

https://cck-law.com/news/federal-circuit-court-rules-pain-considered-disability-for-veterans/

 

[Buck52]

I am not sure ms berta?  this was before that artical came out  he was rated in Feb 2018 but maybe it was due to Saunders vs Wilkie

I am not sure how this works?

  if a veteran has been rated 10% for knee disability thats what the 10% is for 

 Ok if he files a ''pain syndrome claim '' for that same disability   they should go ahead and rate his pain...how they do this is beyond me ? maybe C&P and the veteran tells the examiner how bad his pain is? or its just a flat 10% rating?   that's what  this veteran got for it 10%....  he said he has a  about  9 pain #

[Vync]

With the existing rating criteria, the word "pain" is on a couple of ratings. The result of Saunders v. Wilkie will eventually be written into the regs in some form. It might be as simple as changing Caluza criteria from "current diagnosis" to "current diagnosis or reports of pain". Waiting to see what red tape the VA adds to it.

[Berta]

The BVA ( which seems to be making decisions faster then ever- they hired more attorneys)

has already applied Saunders V Wilkie to a few claims:

"On April 3, 2018, the United States Court of Appeals for the Federal Circuit decided Saunders v. Wilkie.  The finding is pertinent to the present case.  In Saunders, the Federal Circuit found that VA had erred in denying service connection for a claimed knee condition for a veteran who had painful knees that caused functional impairment due to a documented knee injury during active service, but no currently documented residuals of the knee condition.  The Federal Circuit held that VA had erred in its finding that a disability manifesting only as pain without an accompanying diagnosis of a present disease was not eligible for service connection under 38 U.S.C. § 1110.  Here, the Veteran has a clearly documented trauma to the ribcage in active service with reports of associated pain and functional impairment, and medical providers stating there are no "detectable" residuals of that trauma, i.e. no current diagnosis.  Pursuant to the finding in Saunders, the Board finds that service connection is warranted for the Veteran's claim for painful ribcage due to trauma incurred during active service.  No. 2017-1466, 2018 U.S. App. LEXIS 8467 (Fed. Cir. Apr. 3, 2018.)  "

va.gov/vetapp18/files4/1823994.txt

but as Vync said ,formal regulations have not been prepared yet- and we have no idea what the rating riteria would be.

I think he is absolutely correct in his statement here:

' It might be as simple as changing Caluza criteria from "current diagnosis" to "current diagnosis or reports of pain". 

[john999]

What kills me is the VA has treated me for chronic pain in my lower back left shoulder, hands and feet.  They have treated me with opiates including morphine, methadone,  Oxycodone and Fentanyl  patches.  The pain is officially related to diabetic neuropathy.   I get 10% for each foot and each hand.  If you your hands and feet hurt so bad you have to be on heavy narcotics how can pain not even really enter into my ratings.  I am rated for impairment for nerves that run through my feet and hands. No mention of pain or the consequences of pain.  All this pain is supposed to be a result of AO exposure but there is really little objective proof except me constantly complaining about it.  No doubt I have the pain but I don't think the VA really believes me after me being treated for pain since 2005.  

          John

           

[Buck52]

John999  maybe you should file a pain syndrome claim for all those conditions , if your S.C. that make it better.

  I think this Veteran I am helping  they just ask him how bad was the pain  he said a 9 plus and the award letter says we rated you 10% for your right knee pain they called it ('' Patellofemoral pain syndrome'') he has pain in both knees and they S.C. Both but only rated his right knee...were appealing this decision  but he has other issues to claim also.