I have received a copy of my C&P exam for my right knee. I am currently 10% connected for this knee, and requested an increase due to worsening pain and
loss of ROM.
The C&P exam states that I have loss of range of motion on extension, an antalgic gate, evidence of abnormal weight bearing, crepitation, effusion, painful movement, a positive McMurray test, and guarding of movement.
Diagnoses or Etiology : Loss of ROM due to pain
General Occupational Effect: Significant Effects
Disability effect on Occupational Activities: Decreased mobility, Problems lifting and carrying, Lack of Stamina, Weakness or Fatigue, Decreased Strength: Lower extremity pain
Effects of problem on daily activities:
Chores: prevents Shopping: severe Exercise: prevents Sports: prevents Traveling: severe Bathing: moderate Toileting: mild
The extension results are -20 degrees motion against gravity, -15 degrees passive ROM, -35 degrees ROM against strong resistance, and -35 degrees Loss Of Motion on repetitive use.
Under the subpart B 4.71b it states that extension limited to 30 degrees is a 40% rating. My worst recently measured limitation of extension of the right knee is 35 degrees.
Would I then, under the benefit of the doubt rule, be rated at 50% for my knee, or do you think that I will get the 40% rating? I have read an appeal
http://www.va.gov/vetapp03/Files/0317313.txt
where the benefit of the doubt rule resulted in a higher percentage bracket. Seeing how my 35 degree limitation is over the 30 degree limitation needed for a 40% rating, and the examiner noted the severe impact on my life, I am thinking that I should be rated at the next highest rating of 50%.
I am hoping that someone may be able to answer this question, I thank you in advance for any guidance.
The C&P exam states that I have loss of range of motion on extension, an antalgic gate, evidence of abnormal weight bearing, crepitation, effusion, painful movement, a positive McMurray test, and guarding of movement.
Diagnoses or Etiology : Loss of ROM due to pain
General Occupational Effect: Significant Effects
Disability effect on Occupational Activities: Decreased mobility, Problems lifting and carrying, Lack of Stamina, Weakness or Fatigue, Decreased Strength: Lower extremity pain
Effects of problem on daily activities:
Chores: prevents Shopping: severe Exercise: prevents Sports: prevents Traveling: severe Bathing: moderate Toileting: mild
The extension results are -20 degrees motion against gravity, -15 degrees passive ROM, -35 degrees ROM against strong resistance, and -35 degrees Loss Of Motion on repetitive use.
Under the subpart B 4.71b it states that extension limited to 30 degrees is a 40% rating. My worst recently measured limitation of extension of the right knee is 35 degrees.
Would I then, under the benefit of the doubt rule, be rated at 50% for my knee, or do you think that I will get the 40% rating? I have read an appeal
http://www.va.gov/vetapp03/Files/0317313.txt
where the benefit of the doubt rule resulted in a higher percentage bracket. Seeing how my 35 degree limitation is over the 30 degree limitation needed for a 40% rating, and the examiner noted the severe impact on my life, I am thinking that I should be rated at the next highest rating of 50%.
I am hoping that someone may be able to answer this question, I thank you in advance for any guidance.
