[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: 38CFR4.59]



[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. 4.59  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 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.