[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: 38CFR4.59]

[Page 376-377]
 
            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. 4.59  Painful motion.

    With any form of arthritis, painful motion is an important factor of 
disability, the facial expression, wincing, etc., on pressure or 
manipulation, should be carefully noted and definitely related to 
affected joints. Muscle spasm will greatly assist the identification. 
Sciatic neuritis is not uncommonly caused by arthritis of the spine. The 
intent of the schedule is to recognize painful motion with joint or 
periarticular pathology as productive of disability. It is the intention 
to recognize actually painful, unstable, or malaligned joints, due to 
healed injury, as entitled to at least the minimum

[[Page 377]]

compensable rating for the joint. Crepitation either in the soft tissues 
such as the tendons or ligaments, or crepitation within the joint 
structures should be noted carefully as points of contact which are 
diseased. Flexion elicits such manifestations. 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.