Arthritis Rating Question

[RBrogen]

Hello Everyone,

I have a question about arthritis rating table below.  Is the rating applied for "EACH" major joint (or group of minor joints) affected or is it just one rating for the existence of the arthritis?  Example:  If rated in both left and right knees as well as left and right ankles ... would that be one rating of 20% for all of them or would it be 20% for each major joint?  Thank you in advance for spreading some light on this.

5003   Arthritis, degenerative (hypertrophic or osteoarthritis):
Degenerative arthritis established by X-ray findings will be rated on the basis of limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). When however, the limitation of motion of the specific joint or joints involved is noncompensable under the appropriate diagnostic codes, a rating of 10 pct is for application for each such major joint or group of minor joints affected by limitation of motion, to be combined, not added under diagnostic code 5003. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. In the absence of limitation of motion, rate as below:
With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations	20
With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups	10
Note (1): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be combined with ratings based on limitation of motion.
Note (2): The 20 pct and 10 pct ratings based on X-ray findings, above, will not be utilized in rating conditions listed under diagnostic codes 5013 to 5024, inclusive.

[Buck52]

With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations 20%

with the exception of limited motion

[RBrogen]

Just now, Buck52 said:

With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations 20%

with the exception of limited motion

Hey Buck .... still confused ... does that mean that if I had both knees and both ankles (4 total major joints) then it would still only be 20% or would it be 20% for each of those joints so 20% for LKnee 20% RKnee 20% RAnkle 20% LAnkle?

 

Thanks for your input

[saxman]

When there is limitation of motion of major joints then they are rated at 10% each.  Hands are minor joints.  Wrist are major joints and are rated separably.  Key thing to remember is when you check for each major joint and it's nonconpensable is when the 10% for each major joint apply.

[broncovet]

The VA is given "wide latitude" in how they interpret their own regulations because of the Auer/Chevron deference.  (US Supreme Court case).  However, its possible this chages with a new case, Kizor vs Wilkie, which is at the Supremes awaiting their judgment.  At issue is the apparent conflict with "benefit of the doubt" vs the Agency interpretion taking preference.  

If Kizor wins, it could mean that this "benefit of the doubt goes to the Vet" could suddently have some real teeth with the courts.  Kizor could be decided in the next few months.  

[Buck52]

 VA rates joint conditions based on the range of motion in that joint. ... a veteran can receive a 10% rating for each major joint or group of minor ... VA rates rheumatoid arthritis under 38 C.F.R. 4.71(a) diagnostic code 5002.

[Buck52]

if you see a Dr and he is checking your ROM be sure and let him know the very first sign of pain   knock him in the head if you have to   just say I told you that hurts at that degree of motion...then just say sorry doc you bent my knee /wrist/elbow  ect,,ect,,way to much it hurts like hell like you just beat it with a Hammer