CAVC Decision November 8, 1995

DeLuca

DeLuca v. Brown, 8 Vet. App. 202 (1995)

Functional Loss in Musculoskeletal Ratings

Summary

The Court held that when evaluating musculoskeletal disabilities, the VA must consider functional loss due to pain, weakness, fatigability, and incoordination. Range of motion measurements alone are insufficient - the rating must account for additional functional impairment during flare-ups and with repeated use. This requires examiners to estimate additional loss of motion during flare-ups.

Key Points

  • Musculoskeletal ratings must consider functional loss
  • Factors: pain, weakness, fatigability, incoordination
  • Range of motion alone is not sufficient
  • Must consider additional limitation during flare-ups
  • Must consider impairment with repeated use
  • Examiner should estimate additional functional loss

When This Applies

If you have a joint or spine condition, make sure your C&P exam addresses functional loss. Tell the examiner about your flare-ups - how often they occur, how severe they are, and how much additional limitation you experience. The VA must consider this additional impairment when assigning your rating, not just your range of motion on exam day.

Related Conditions

Back conditions Knee conditions Shoulder conditions All musculoskeletal conditions