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ArtilleryApex

How a nerve rating affects muscle claim.

Question

 I read this and wanted to clarify:

Pyramiding: A single condition can only be rated once! However, if a nerve condition or other condition exists that is additional to the shoulder or arm condition (not simply caused by it), then it can also be rated

My current rating for my shoulder:

20% A/C Separation

20% Long thoracic nerve partial paralysis.

 

After some years the straining, pain, and numbness has started affecting the muscles around it. (rhomboids and upper trapezius). By the statement above does this mean there is no room to claim the residual muscle strains (Or Accessory nerve and dorsal scapular nerve conditions)? I know a typical 'winged scapula' could affect multiple muscles so wasn't really sure if would just classify this under the rating I already have.

 

Thanks for your help!

 

 

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It sounds like you have it "about" right.  Rememeber, tho, pyramiding means "pyramiding of symptoms".  

Example:  You have PTSD AND depression.  Both PTSD and depression cause you to stay home and "occupational" problems.  You wont be compensated for "occupational problems" wiht PTSD AND depression, because pyramiding prevents duplicate compensation for multiple issues which have the same symptom.  

Now, in your case if BOTH your muscle and nerve problems cause "pain", and you got compensation for muscle pain with your current rating, you wont "also" get compensated for pain with the same joint for both muscle and nerve pain.  

However, nerve pain, for example could cause additional problems, such as pain in other areas.  

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13 minutes ago, broncovet said:

It sounds like you have it "about" right.  Rememeber, tho, pyramiding means "pyramiding of symptoms".  

Example:  You have PTSD AND depression.  Both PTSD and depression cause you to stay home and "occupational" problems.  You wont be compensated for "occupational problems" wiht PTSD AND depression, because pyramiding prevents duplicate compensation for multiple issues which have the same symptom.  

Now, in your case if BOTH your muscle and nerve problems cause "pain", and you got compensation for muscle pain with your current rating, you wont "also" get compensated for pain with the same joint for both muscle and nerve pain.  

However, nerve pain, for example could cause additional problems, such as pain in other areas.  

Ah ok I think I understand. It's either muscle or nerve not both. Guessing just because the shoulder injury is already rated (and long thoracic nerve), doesn't mean I can't claim additional areas affected if in fact the 'pain' is caused by a different nerve affected by the injury. However, if the additional pain areas are the SAME nerve, then there will be no additional compensation.

 

Sound about right?

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Many time, nerve issue cause additional disabilities and are able to be rated separately. The CFR notes that.

Typically, nerve problems like this are rated on how they affect the ability of the limb to ambulate. If the nerve is totally severed, for example, the muscles downline are paralyzed, and that would be the highest rating. 

Explore this issue here

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