Old rating code 5293

[Mr cue]

Well look like I will have another issue with the va. 

Well when it was found that the regional office never cretifed my appeal to the board.

An it remain in appeal status for 8 years. I was stage rated 20% 1993-2001. Under old  rating code 5293.

Well the veterans affairs has for years been trying to say this rating includes all nerve damage in my elbow/ hand.

And still are to this day saying that my tdiu is based on all my condition.

I was granted tdiu 60% one condition.

To get tdiu based on More than one condition the combine rating must be 70 %.

That is the law they can just be add things.my bad back to story.

I was looking for the old rating and cam up on this.

It might help a veteran how has been rated under old rating code 5293.

Decision Assessment Document
VAOPGCPREC 36-97, Dec 12, 1997, Applicability of 38 CFR §§ 4.40, 4.45, and 3.321(b)(1) in Rating Disability Under Diagnostic Code 5293 (Intervertebral Disc Syndrome) 
Office of General Counsel Precedent Opinion

What the case is about

Whether Diagnostic Code (DC) 5293, intervertebral disc syndrome (IDS), is based upon loss of range of motion, and therefore whether 38 C.F.R. §§ 4.40 and 4.45 are applicable in determining the extent of a veteran’s disability due to IDS.

Whether 38 C.F.R. §§ 4.40 and 4.45 must be considered where a veteran receives less than the maximum schedular rating under DC 5293, but that rating corresponds to the maximum schedular rating under another diagnostic code pertaining to limitation of motion.

Whether 38 C.F.R. § 3.321(b) must be considered when a veteran receives less than the maximum rating under DC 5293, irrespective of whether 38 C.F.R. §§ 4.40 and 4.45 must be applied in such a case.

Impact on VBA

Diagnostic Code (DC) 5293, intervertebral disc syndrome (IDS), involves loss of range of motion because the nerve defects and resulting pain associated with injury to the sciatic nerve may cause limitation of motion of the cervical, thoracic, or lumbar vertebrae.  Therefore, pursuant to Johnson v. Brown, 9 Vet. App. 7 (1996), 38 C.F.R. §§ 4.40 and 4.45 must be considered when a disability is evaluated under this diagnostic code.

When a veteran has received less than the maximum evaluation under DC 5293 based upon symptomatology which includes limitation of motion, consideration must be given to the extent of the disability under 38 C.F.R. §§ 4.40 and 4.45, even though the rating corresponds to the maximum rating under another diagnostic code pertaining to limitation motion.

The BVA must address entitlement to an extraschedular rating under 38 C.F.R. § 3.321(b)(1) if there is evidence of “exceptional or unusual” circumstances indicating that the rating schedule, including 38 C.F.R. §§ 4.40, 4.45, and 4.71a, may be inadequate to compensate for the average impairment of earning capacity due to IDS, regardless of the fact that a veteran may have received the maximum schedular rating under a diagnostic code based upon limitation of motion.

 

 

 

[Rivet62]

15 hours ago, Mr cue said:

The BVA must address entitlement to an extraschedular rating under 38 C.F.R. § 3.321(b)(1) if there is evidence of “exceptional or unusual” circumstances indicating that the rating schedule, including 38 C.F.R. §§ 4.40, 4.45, and 4.71a, may be inadequate to compensate for the average impairment of earning capacity due to IDS, regardless of the fact that a veteran may have received the maximum schedular rating under a diagnostic code based upon limitation of motion.

My SOC states 10% for DDD lumbar thoracic because of painful motion, as right they should because not one examiner or care provider has measured my motion with a goniometer. I'm convinced those are used for decoration to look important. In fact, I bought one. I gaze wistfully from time to time wishing I had just one measured ROM. End of rant.