[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: 38CFR4.58]



[Page 379]

 

            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. 4.58  Arthritis due to strain.



    With service incurred lower extremity amputation or shortening, a 

disabling arthritis, developing in the same extremity, or in both lower 

extremities, with indications of earlier, or more severe, arthritis in 

the injured extremity, including also arthritis of the lumbosacral 

joints and lumbar spine, if associated with the leg amputation or 

shortening, will be considered as service incurred, provided, however, 

that arthritis affecting joints not directly subject to strain as a 

result of the service incurred amputation will not be granted service 

connection. This will generally require separate evaluation of the 

arthritis in the joints directly subject to strain. Amputation, or 

injury to an upper extremity, is not considered as a causative factor 

with subsequently developing arthritis, except in joints subject to 

direct strain or actually injured.