[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.59]

[Page 377-378]
 
            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

[[Page 378]]

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.