This contact form is only for website help or website suggestions. Evaluate intervertebral disc syndrome (preoperatively or postoperatively) either under the General Rating Formula for Diseases and Injuries of the Spine or under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes, whichever method results in the higher evaluation when all disabilities are combined under. Enhanced content is provided to the user to provide additional context. cm.). formatting. Indications on palpation of loss of deep fascia, muscle substance, or normal firm resistance of muscles compared with sound side. 7800 Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of the head, face, or neck: With visible or palpable tissue loss and either gross distortion or asymmetry of three or more features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with six or more characteristics of disfigurement, With visible or palpable tissue loss and either gross distortion or asymmetry of two features or paired sets of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with four or five characteristics of disfigurement, With visible or palpable tissue loss and either gross distortion or asymmetry of one feature or paired set of features (nose, chin, forehead, eyes (including eyelids), ears (auricles), cheeks, lips), or; with two or three characteristics of disfigurement. After the excitement of finally having the rating you deserve wears off, you start asking questions. 9310 Unspecified neurocognitive disorder(Dementia). Note (1): For purposes of this section, characteristic attacks consist of sequential color changes of the digits of one or more extremities lasting minutes to hours, sometimes with pain and paresthesias, and precipitated by exposure to cold or by emotional upsets. (b) If the diagnosis of a mental disorder is changed, the rating agency shall determine whether the new diagnosis represents progression of the prior diagnosis, correction of an error in the prior diagnosis, or development of a new and separate condition. However, prestabilization ratings may be changed to a regular schedular total rating or one authorizing a greater benefit at any time. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. (iv) When outpatient oxygen therapy is required. Note (2): Separately evaluate eye involvement occurring as a manifestation of Graves' Disease as diplopia (DC 6090); impairment of central visual acuity (DCs 6061-6066); or under the most appropriate DCs in. (b) More movement than normal (from flail joint, resections, nonunion of fracture, relaxation of ligaments, etc.). The central nervous system consists of the brain, the spinal cord, and thecranialnerves. If the report of examination is inadequate as a basis for the required consideration of service connection and evaluation, the rating agency may request a supplementary report from the examiner giving further details as to the limitations of the disabled person's ordinary activity imposed by the disease, injury, or residual condition, the prognosis for return to, or continuance of, useful work. 5272 Subastragalar or tarsal joint, ankylosis of: 5273 Os calcis or astragalus, malunion of: 5275 Bones, of the lower extremity, shortening of: No relief from both non-surgical and surgical treatment, bilateral, No relief from both non-surgical and surgical treatment, unilateral, Pronounced; marked pronation, extreme tenderness of plantar surfaces of the feet, marked inward displacement and severe spasm of the tendo achillis on manipulation, not improved by orthopedic shoes or appliances. The evaluation of the same disability under various diagnoses is to be avoided. Memory, attention, concentration, executive functions. (c) Special monthly compensation. Degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome (also, see either DC 5003 or 5010). Prosthetic replacement of the elbow joint: With chronic residuals consisting of severe painful motion or weakness in the affected extremity. Chronic, or recurring, suppurative osteomyelitis, once clinically identified, including chronic inflammation of bone marrow, cortex, or periosteum, should be considered as a continuously disabling process, whether or not an actively discharging sinus or other obvious evidence of infection is manifest from time to time, and unless the focus is entirely removed by amputation will entitle to a permanent rating to be combined with other ratings for residual conditions, however, not exceeding amputation ratings at the site of election. Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. WebTitle 38 - Pensions, Bonuses, and Veterans' Relief; CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS; PART 3 - ADJUDICATION; Subpart A - Pension, Compensation, and Dependency and Indemnity Compensation; Rating Considerations Relative to Specific Diseases 3.381 Service connection of dental conditions for treatment purposes. With chronic residuals consisting of severe painful motion or weakness. Title 38 was last amended 3/02/2023. 7805 Scars, other; and other effects of scars evaluated under diagnostic codes 7800, 7801, 7802, or 7804. For even routine and familiar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. For complex or unfamiliar decisions, occasionally unable to identify, understand, and weigh the alternatives, understand the consequences of choices, and make a reasonable decision. The evaluation for visual impairment of one eye must not exceed 30 percent unless there is anatomical loss of the eye. Consideration shall be given in all claims to the nature of the employment and the reason for termination. switch to drafting.ecfr.gov. Did you know there are 834 conditions eligible for compensation in the official VA disability conditions list? 7508 Nephrolithiasis/Ureterolithiasis/Nephrocalcinosis: Rate as hydronephrosis, except for recurrent stone formation requiring invasive or non-invasive procedures more than two times/year, Frequent attacks of colic with infection (pyonephrosis), kidney function impaired, Frequent attacks of colic, requiring catheter drainage, Only an occasional attack of colic, not infected and not requiring catheter drainage, 3. invasive or non-invasive procedures more than two times/year. 6305 Lymphatic filariasis, to include elephantiasis: 6310 Syphilis, and other treponema infections: 6312 Nontuberculosis mycobacterium infection: Marked mental changes, moist dermatitis, inability to retain adequate nourishment, exhaustion, and cachexia, With all of the symptoms listed below, plus mental symptoms and impaired bodily vigor, With stomatitis, diarrhea, and symmetrical dermatitis, With stomatitis, or achlorhydria, or diarrhea, Confirmed diagnosis with nonspecific symptoms such as: decreased appetite, weight loss, abdominal discomfort, weakness, inability to concentrate and irritability, With congestive heart failure, anasarca, or Wernicke-Korsakoff syndrome, With cardiomegaly, or; with peripheral neuropathy with footdrop or atrophy of thigh or calf muscles, With peripheral neuropathy with absent knee or ankle jerks and loss of sensation, or; with symptoms such as weakness, fatigue, anorexia, dizziness, heaviness and stiffness of legs, headache or sleep disturbance. Handedness for the purpose of a dominant rating will be determined by the evidence of record, or by testing on VA examination. 7820 Infections of the skin not listed elsewhere (including bacterial, fungal, viral, treponemal, and parasitic diseases). 6011 Retinal scars, atrophy, or irregularities. With intermediate degrees of residual weakness, pain or limitation of motion, rate by analogy to diagnostic code 5214. Evaluation March 10, 1976; revised and moved to 5235-5243 September 26, 2003. or greater, Area or areas of at least 72 square inches (465 sq. How to Get a 100 Percent VA Rating (if deserved)! 6515 Laryngitis, tuberculous, active or inactive. 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. section 356 of title 38, United States Code. L. 90-493 should be mentioned in the discussion portion of all ratings in which these provisions are applied. Toes, three or more, without metatarsal involvement. The severity of symptoms determines the range of ratings assigned by this code. 5173 Toes, three or more, without metatarsal involvement. but less than 144 square inches (929 sq. 5229 Index or long finger, limitation of motion: With a gap of one inch (2.5 cm.) Diseases of the genitourinary system generally result in disabilities related to renal or voiding dysfunctions, infections, or a combination of these. The prestabilization 50-percent rating is not to be used in any case in which a rating of 50 percent or more is immediately assignable under the regular provisions. 4.128 Convalescence ratings following extended hospitalization. 7544 Renal disease caused by viral infection such as HIV, Hepatitis B, and Hepatitis C. Gynecological Conditions and Disorders of the Breasts include the organs that can only be found in a female body and are used for sexual and reproductive purposes. Note (1): Evaluate symptoms due to pressure on adjacent organs (such as the trachea, larynx, or esophagus) under the appropriate diagnostic code(s) within the appropriate body system. The graduated ratings for nonpulmonary tuberculosis will not be combined with residuals of nonpulmonary tuberculosis unless the graduated rating and the rating for residual disability cover separate functional losses, e.g., graduated ratings for tuberculosis of the kidney and residuals of tuberculosis of the spine. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. 7610 Vulva or clitoris, disease or injury of (including vulvovaginitis). Assign a 100-percent evaluation if total is the level of evaluation for one or more facets. 8525 Posterior tibial nerve, paralysis. 7534 Atherosclerotic renal disease (renal artery stenosis, atheroembolic renal disease, or large vessel disease, unspecified). 9326 Major or mild neurocognitive disorder due to another medical condition or substance/medication-induced major or mild neurocognitive disorder. In the absence of limitation of motion, rate as below: With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups, with occasional incapacitating exacerbations, With X-ray evidence of involvement of 2 or more major joints or 2 or more minor joint groups. The Skin is the largest of the bodys organs and its primary purpose is protection. Table of Amendments and Effective Dates Since 1946, PART 4 - SCHEDULE FOR RATING DISABILITIES. The Ear is one of the most unique sensory organs in the human body. Thus, with a 50 percent disability and a 30 percent disability, the combined value will be found to be 65 percent, but the 65 percent must be converted to 70 percent to represent the final degree of disability. 8000 Encephalitis, epidemic, chronic. 7811 Tuberculosis luposa (lupus vulgaris), active or inactive: 7813 Dermatophytosis (ringworm: Of body, tinea corporis; of head, tinea capitis; of feet, tinea pedis; of beard area, tinea barbae; of nails, tinea unguium (onychomycosis); of inguinal area (jock itch), tinea cruris; tinea versicolor). Table I, Combined Ratings Table, results from the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less disabling conditions, if any, in the order of severity. This average is used in all cases (including those in 4.86) to determine the Roman numeral designation for hearing impairment from Table VI or VIa. 5311 Group XI Function: Propulsion, plantar flexion of foot. The combined value for the three disabilities will be found in the space where the column and row intersect, and if there are only three disabilities will be converted to the nearest degree divisible by 10, adjusting final 5's upward. 7508 Nephrolithiasis/Ureterolithiasis/Nephrocalcinosis. Note (2): Evaluate each affected part (e.g., hand, foot, ear, nose) separately and combine the ratings in accordance with, 7123 Soft tissue sarcoma (of vascular origin). The figures appearing in the space where the column and row intersect will represent the combined value of the two. Criterion September 22, 1978; evaluation January 12, 1998; criterion November 14, 2021. Ready to Get the VA Rating and Compensation YOU Deserve? Claims in regard to which the schedule evaluations are considered inadequate or excessive, and errors in the schedule will be similarly brought to attention. Renal disease caused by viral infection such as HIV, Hepatitis B, and Hepatitis C. Vulva or clitoris, disease or injury of (including vulvovaginitis). The joints involved should be tested for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with the range of the opposite undamaged joint. Motor activity moderately decreased due to apraxia. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable. (d) Under diagnostic codes 5301 through 5323, disabilities resulting from muscle injuries shall be classified as slight, moderate, moderately severe or severe as follows: (i) Type of injury. Added March 1, 1989; evaluation March 24, 1992; criterion August 30, 1996; criterion, note August 11, 2019. (b) Except as otherwise provided in this schedule, the disabilities arising from a single disease entity, e.g., arthritis, multiple sclerosis, cerebrovascular accident, etc., are to be rated separately as are all other disabiling conditions, if any. Consequently, certain coexisting diseases in this area, as indicated in the instruction under the title Diseases of the Digestive System, do not lend themselves to distinct and separate disability evaluations without violating the fundamental principle relating to pyramiding as outlined in 4.14. 8723 Neuralgia, anterior tibial nerve (deep peroneal). The nephrosclerotic type, originating in hypertension or arteriosclerosis, develops slowly, with minimum laboratory findings, and is associated with natural progress. Testis, undescended, or congenitally undeveloped is not a ratable disability. Neuritis, cranial or peripheral, characterized by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is to be rated on the scale provided for injury of the nerve involved, with a maximum equal to severe, incomplete, paralysis. Where diagnostic codes refer the decision maker to these specific areas of dysfunction, only the predominant area of dysfunction shall be considered for rating purposes. Service department record or other evidence showing hospitalization for a prolonged period for treatment of wound. 8610 Neuritis, upper radicular group. With remaining field of 16 to 30 degrees: Or evaluate each affected eye as 20/100 (6/30). Criterion May 22, 1995; criterion March 18, 2002. 9902 Mandible loss of, including ramus, unilaterally or bilaterally. Motion of the thumb and fingers should be described by appropriate reference to the joints (See Plate III) whose movement is limited, with a statement as to how near, in centimeters, the tip of the thumb can approximate the fingers, or how near the tips of the fingers can approximate the proximal transverse crease of palm. The Endocrine System is made up of the hypothalamus, thymus, pituitary gland, thyroid gland, parathyroid glands, adrenal glands, pineal gland, reproductive glands (ovaries or testes), and the pancreas. For the purposes of this diagnostic code, chronic urticaria is defined as continuous urticaria at least twice per week, off treatment, for a period of six weeks or more, Chronic refractory urticaria that requires third line treatment for control (e.g., plasmapheresis, immunotherapy, immunosuppressives) due to ineffectiveness with first and second line treatments, Chronic urticaria that requires second line treatment (e.g., corticosteroids, sympathomimetics, leukotriene inhibitors, neutrophil inhibitors, thyroid hormone) for control, Chronic urticaria that requires first line treatment (antihistamines) for control, Persistent documented vasculitis episodes refractory to continuous immunosuppressive therapy, Recurrent documented vasculitic episodes occurring four or more times over the past 12-month period; and, Requiring intermittent systemic immunosuppressive therapy for control, Recurrent documented vasculitic episodes occurring one to three times over the past 12-month period, and requiring intermittent systemic immunosuppressive therapy for control; or, Without recurrent documented vasculitic episodes but requiring continuous systemic medication for control, Or rate as disfigurement of the head, face, or neck (DC 7800) or scars (DCs 7801, 7802, 7804, or 7805), depending upon the predominant disability. Note following July 6, 1950; evaluation January 12, 1998; criterion November 14, 2021. This will generally require separate evaluation of the arthritis in the joints directly subject to strain. In rating peripheral nerve injuries and their residuals, attention should be given to the site and character of the injury, the relative impairment in motor function, trophic changes, or sensory disturbances. 5000 Osteomyelitis, acute, subacute, or chronic: Of the pelvis, vertebrae, or extending into major joints, or with multiple localization or with long history of intractability and debility, anemia, amyloid liver changes, or other continuous constitutional symptoms, Frequent episodes, with constitutional symptoms, With definite involucrum or sequestrum, with or without discharging sinus, With discharging sinus or other evidence of active infection within the past 5 years, Inactive, following repeated episodes, without evidence of active infection in past 5 years.