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@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
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Need Help With C&p Exam


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#1 JayBrown1

 
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Posted 15 August 2012 - 11:54 AM

I started reading my C&P exam again and when I got to Item 6. Functional Loss and additional limitations in ROM under question b. Does the veteran have any functional loss and/or functional impairment of the knee and lower leg? [x] Yes [ ] No was marked

c. If the veteran has functional loss, functional impairment or additional limitation of ROM of the knee and lower leg after repetitive use, indicate the contributing factors of disability below (check all that apply and indicate side affected) :

[ ] No functional loss for right lower extremity
[ ] No functional loss for left lower extremity
[X] Less movement than normal [x] Right [ ] Left [ ] Both
[ ] More movement than normal [ ] Right [ ] Left [ ] Both
[X] Weaken movement [x] Right [ ] Left [ ] Both
[X] Excess fatigability [x] Right [ ] Left [ ] Both
[X] Incoordination, impaired ability to execute skilled movements smoothly
[x] Right [ ] Left [ ] Both
[X] Pain on movement [x] Right [ ] Left [ ] Both
[X] Swelling [x] Right [ ] Left [ ] Both
[ ] Deformity [ ] Right [ ] Left [ ] Both
[ ] Atrophy of diuse [ ] Right [ ] Left [ ] Both
[ ] Instability of station [ ] Right [ ] Left [ ] Both
[X] Disturbance of locomotion [x] Right [ ] Left [ ] Both
[X] Interference with sitting, standing and weight bearing [X] Right [ ] Left [ ] Both

I had applied for functional loss and was told that I only had impairment of my knee. Would this section of the C&P exam prove my claim for functional loss since there was not an x in the box for { no functional loss}? Also in my C&P exam notes it stated that my ROM is at 55 with 140 being the normal. Where can I find info on the definition of functional loss as required by the VA?

#2 USMC5811

 
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Posted 15 August 2012 - 12:30 PM

Where can I find info on the definition of functional loss as required by the VA?

The provisions of 38 C.F.R. § 4.40 state that a disability affecting the musculoskeletal system is primarily the inability, due to damage or inflammation in parts of the system, to perform normal working movements of the body with normal excursion, strength, speed, coordination and endurance. Functional loss may also be due to the absence of part, or all, of the necessary bones, joints and muscles, or associated structures. It may also be due to pain supported by adequate pathology and evidenced by visible behavior of the claimant undertaking the motion. See 38 C.F.R. § 4.40.


This is an interesting read in regards to functional loss and how the VA rater is suppose to determine: www.tnvso.com/sitebuildercontent/sitebuilderfiles/evaluatingknees.ppt

Edited by USMC5811, 15 August 2012 - 12:41 PM.