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HadIt.com Anniversary 24 years on Jan 20, 2021

Question

Hello,

I have a CP exam coming up soon for my dispute over 0% rating for scar. Is it possible to get 10% effective the time of scar rating for a hernia? I have a large forearm hernia below scar that I was told can't really be fixed. 

Also what is a painful scar? After surgery there was 1 obvious adhesion at wrist that surgeon had to break by bending wrist back. I think I have more at base of thumb because it's enlarged and restricts motion but not enough to be rated under range of motion. However repeated use does cause pain where the surgery was and adhesions are scar tissue.

 

Thanks

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Confusedvet1 The criteria for scars is found here https://www.law.cornell.edu/cfr/text/38/4.118 As to restriction, if it doesn't cause enough restriction to be rated, your out of luck. You might get a separate look by an ortho doc and get his opinion but it will be a tough thing to sell. It doesn't restrict your hand movement in what your job is, correct?

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You asked if you could get your rating "effective the time of scar rating for hernia".  

Your effective date will be the later of "claim date" or "facts found", the date the doc said you had a scar for hernia.  When did you apply for the scar?  

Was your hernia SC?  Did you get that in service?  Was it aggravated in service?

It sounds like "you would know it" if it was a "painful scar".  If you dont have pain with it, then its not a painfull scar.  

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@GBArmy It doesn't restrict it I'm the sense that if I don't do fine motor detail I'm good. However fine motor detail and lots of use causes the range of motion die to pain to pretty much make hand unusable until I stop and rub it and give it 20 minutes or so to be better. It's caused me to drop parts where I work worth a lot of money.

 

@broncovet I had tenosynovitis in service. They did surgery which caused the hernia and scar in question. I originally filed for forearm condition, wrist condition, hand condition and thumb condition since those were all the areas effected. They were lumped together. Initially the tenosynovitis was denied but granted 0% for scar. I have CP exam coming up for scar and BVA granted me SC for the tenosynovitis. My RO rated the tenosynovitis at 10% for my elbow. At my CP exam for tenosynovitis over 5 years ago I said it would sometimes get worse when I bent my elbow. 

 The RO used the 5 year old exam for my rating decision. They didn't consider all my complaints about hand and wrist at all and my hernia is huge and you can't miss it when looking at forearm. 

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My response hasn't changed. The 38CFR for tenosynovitis, diagnostic code 5024, says you refer to DC 5002 for a 10%. You got that rating, I'm sure, in part because of the pain you experience.                                                                         " Where, however, the limitation of motion of the specific joint or joints involved is noncompensable under the codes a rating of 10 percent 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 5002. Limitation of motion must be objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion." 

You have to get a medical opinion that says your symptoms result in a new disability, yet that condition has to be seperate from the symptoms of tenosynovitis. That is going to be a hard thing to do if you can come up with any new condition, because of the pyramiding affect. Maybe the VA did lump several conditions together and yo u need to break them out seperately but again you need an ortho doc IMO/nexus to sort it out. It's too hard for non-medical people to do. And, it doesn't matter what our opinion is anyway; the VA need "Medical" evidence, not layman evidence.

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