Can you be rated for flexion for the fingers?

[paulstrgn]

Sorry I had posted this in the wrong location before.

I had an exam by LHI for my right hand (I was asking for an increase). It was done by an NP (she was very through and took her time). After the exam I was thinking I am going to get an increase for my hand, I currently get 10% for the thumb "5003 - 5228 DEGENERATIVE ARTHRITIS, RIGHT THUMB WITH DISABILITY OF THE INDEX FINGER AND LONG FINGER (PREVIOUSLY RATED AS PAINFUL MOTION OF THE THUMB, INDEX FINGER AND LONG FINGER STATUS POST RIGHT HAND TENOSYNOVITIS) Service Connected, Peacetime, Incurred Static Disability 10% from 07/26/2015 (5229)". On the DBQ pages 2 and 3 its marked "Abnormal or outside of normal range".  I do not see where I was rated for this (perhaps there is no rating for this). I was also measured for a "GAP BETWEEN THE PAD OF THE THUMB AND THE FINGERS" which was marked yes at 3 cm (1.18 inches) and also "GAP BETWEEN THE FINGER AND PROXIMAL TRANSVERSE CREASE OF THE HAND ON MAXIMAL FINGER FLEXION" which was also marked yes at 5 cm (1.97 inches). It is my understanding I should have been rated at 10% for each of these, is this correct? I will assume if I am that the 10% for painful motion will go away. 

I would appreciate any advice on this. I am planning on filing a NOD for the hand. I am also the DBQ from LHI (its redacted)

Right Hand DBQ Redacted.pdf

Edited April 9, 2019 by paulstrgn

[Buck52]

Assuming they rate the dominant hand without amputation?

Amputations: Upper Extremity

	Rating
	Major	Minor
Arm, amputation of:
5120   Disarticulation	190	190
5121   Above insertion of deltoid	190	180
5122   Below insertion of deltoid	180	170
Forearm, amputation of:
5123   Above insertion of pronator teres	180	170
5124   Below insertion of pronator teres	170	160
5125   Hand, loss of use of	170	160
multiple finger amputations
5126   Five digits of one hand, amputation of	170	160
Four digits of one hand, amputation of:
5127   Thumb, index, long and ring	170	160
5128   Thumb, index, long and little	170	160
5129   Thumb, index, ring and little	170	160
5130   Thumb, long, ring and little	170	160
5131   Index, long, ring and little	60	50
Three digits of one hand, amputation of:
5132   Thumb, index and long	60	50
5133   Thumb, index and ring	60	50
5134   Thumb, index and little	60	50
5135   Thumb, long and ring	60	50
5136   Thumb, long and little	60	50
5137   Thumb, ring and little	60	50
5138   Index, long and ring	50	40
5139   Index, long and little	50	40
5140   Index, ring and little	50	40
5141   Long, ring and little	40	30
Two digits of one hand, amputation of:
5142   Thumb and index	50	40
5143   Thumb and long	50	40
5144   Thumb and ring	50	40
5145   Thumb and little	50	40
5146   Index and long	40	30
5147   Index and ring	40	30
5148   Index and little	40	30
5149   Long and ring	30	20
5150   Long and little	30	20
5151   Ring and little	30	20
(a) The ratings for multiple finger amputations apply to amputations at the proximal interphalangeal joints or through proximal phalanges.
(b) Amputation through middle phalanges will be rated as prescribed for unfavorable ankylosis of the fingers.
(c) Amputations at distal joints, or through distal phalanges, other than negligible losses, will be rated as prescribed for favorable ankylosis of the fingers.
(d) Amputation or resection of metacarpal bones (more than one-half the bone lost) in multiple fingers injuries will require a rating of 10 percent added to (not combined with) the ratings, multiple finger amputations, subject to the amputation rule applied to the forearm.
(e) Combinations of finger amputations at various levels, or finger amputations with ankylosis or limitation of motion of the fingers will be rated on the basis of the grade of disability; i.e., amputation, unfavorable ankylosis, most representative of the levels or combinations. With an even number of fingers involved, and adjacent grades of disability, select the higher of the two grades.
(f) Loss of use of the hand will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump with a suitable prosthetic appliance.
single finger amputations
5152   Thumb, amputation of:
With metacarpal resection	40	30
At metacarpophalangeal joint or through proximal phalanx	30	20
At distal joint or through distal phalanx	20	20
5153   Index finger, amputation of
With metacarpal resection (more than one-half the bone lost)	30	20
Without metacarpal resection, at proximal interphalangeal joint or proximal thereto	20	20
Through middle phalanx or at distal joint	10	10
5154   Long finger, amputation of:
With metacarpal resection (more than one-half the bone lost)	20	20
Without metacarpal resection, at proximal interphalangeal joint or proximal thereto	10	10
5155   Ring finger, amputation of:
With metacarpal resection (more than one-half the bone lost)	20	20
Without metacarpal resection, at proximal interphalangeal joint or proximal thereto	10	10
5156   Little finger, amputation of:
With metacarpal resection (more than one-half the bone lost)	20	20
Without metacarpal resection, at proximal interphalangeal joint or proximal thereto	10	10
Note: The single finger amputation ratings are the only applicable ratings for amputations of whole or part of single fingers.

¹Entitled to special monthly compensation.

[paulstrgn]

@Buck52 Sorry Buck I am not following. I have no amputations and yes it is my dominate hand. Do I qualify for a disability because of the flexion of the fingers on my hand?

[Buck52]

Yes you should  for lack of flexion in the dominant hand,, if that hand keeps you from using it in a normal manner    it can be rated.

as I understand it  10% or 20% depending on the flexion.

I would see a hand specialist  or if the NP is certified ?    if you use a Plain NP  the will probably kick it back

[paulstrgn]

The NP works for LHI and was for a C&P. I currently get 10% for my thumb and I am thinking I should get 10% for the index finger. I am thinking (which I may be wrong) that I won't get a rating for the flexion and the thumb plus index finger finger. I will file the NOD laying out and argument for all the hand issues and see what happens.