[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.55]

[Page 374]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents
 
                      Subpart B_Disability Ratings
 
Sec. 4.55  Principles of combined ratings for muscle injuries.

    (a) A muscle injury rating will not be combined with a peripheral 
nerve paralysis rating of the same body part, unless the injuries affect 
entirely different functions.
    (b) For rating purposes, the skeletal muscles of the body are 
divided into 23 muscle groups in 5 anatomical regions: 6 muscle groups 
for the shoulder girdle and arm (diagnostic codes 5301 through 5306); 3 
muscle groups for the forearm and hand (diagnostic codes 5307 through 
5309); 3 muscle groups for the foot and leg (diagnostic codes 5310 
through 5312); 6 muscle groups for the pelvic girdle and thigh 
(diagnostic codes 5313 through 5318); and 5 muscle groups for the torso 
and neck (diagnostic codes 5319 through 5323).
    (c) There will be no rating assigned for muscle groups which act 
upon an ankylosed joint, with the following exceptions:
    (1) In the case of an ankylosed knee, if muscle group XIII is 
disabled, it will be rated, but at the next lower level than that which 
would otherwise be assigned.
    (2) In the case of an ankylosed shoulder, if muscle groups I and II 
are severely disabled, the evaluation of the shoulder joint under 
diagnostic code 5200 will be elevated to the level for unfavorable 
ankylosis, if not already assigned, but the muscle groups themselves 
will not be rated.
    (d) The combined evaluation of muscle groups acting upon a single 
unankylosed joint must be lower than the evaluation for unfavorable 
ankylosis of that joint, except in the case of muscle groups I and II 
acting upon the shoulder.
    (e) For compensable muscle group injuries which are in the same 
anatomical region but do not act on the same joint, the evaluation for 
the most severely injured muscle group will be increased by one level 
and used as the combined evaluation for the affected muscle groups.
    (f) For muscle group injuries in different anatomical regions which 
do not act upon ankylosed joints, each muscle group injury shall be 
separately rated and the ratings combined under the provisions of Sec. 
4.25.

(Authority: 38 U.S.C. 1155)

[62 FR 30237, June 3, 1997]