LIMITATION OF MOTION DUE TO PAIN APPLY 38 C.F.R. § 4.40
§ The Court has held that when the VA evaluates a disability which causes limitation of motion due to pain, the additional factors involved in a disability evaluation, as described by 38 C.F.R. § 4.40 (1995), are also required “to be considered and portrayed in the rating examination as to functional loss on use or due to flare-ups.” DeLuca v. Brown, 8 Vet.App. 202 (1995).
Does this mean that one should be rated at the flare up level?
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LIMITATION OF MOTION DUE TO PAIN APPLY 38 C.F.R. § 4.40
§ The Court has held that when the VA evaluates a disability which causes limitation of motion due to pain, the additional factors involved in a disability evaluation, as described by 38 C.F.R. § 4.40 (1995), are also required “to be considered and portrayed in the rating examination as to functional loss on use or due to flare-ups.” DeLuca v. Brown, 8 Vet.App. 202 (1995).
Does this mean that one should be rated at the flare up level?
When I count my blessings I count my family and friends twice.
If you don't know where you are going, any road will get you there.
Well done is better than well said.
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