[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.55]



[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. 4.55  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



[[Page 377]]



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]