Document ID: chunk:federal_register_of_legislation:F2023C00151:reg:54:p26
Version: federal_register_of_legislation:F2023C00151
Segment Type: reg
Provision Reference: reg 54 (pt 26/36)
Character Range: 152904–156134

the relevant time, the impairment rating will be reduced by an amount dependent upon their age. For veterans aged 45 years or less at the relevant time, the impairment rating will be increased by an amount dependent upon their age.

Total loss of function of each lower limb is considered to be 50 per cent impairment of the whole person. Amputation of a lower limb at the hip joint, or total loss of the use of a lower limb is equivalent to 50 impairment points.

With the exception of a hindquarter amputation, no condition or combination of conditions causing impairment in a lower limb shall receive an impairment rating exceeding 50 points.

In the case of a veteran aged 45 years or less, if the application of age adjustment to the functional impairment rating results in an impairment rating higher than 50 impairment points, the functional impairment rating for that lower limb is to be taken as 50 impairment points and not as the higher rating obtained by applying Table 3.6.1.

Step 4: Calculate the functional impairment rating for the lower limbs as a whole by applying Table 3.2.2.

Table 3.2.2 measures the loss of function relating to the two lower limbs together. Only one rating is to be given from this table for any condition or combination of conditions. To attract a particular rating, the degree of impairment must be greater than that described at all lower levels.

Impairment ratings derived from Table 3.2.2 are not to be age adjusted by applying Table 3.6.1. The reason is that many of the criteria within the table are age-dependent: they compare veterans with others of the same age.

Table 3.2.2 is the only relevant table if the use of lower limbs is restricted by vascular conditions or neurological conditions, such as muscle weakness, tremor, apraxia, loss of co-ordination, fatigue or pain, and when no condition affecting the range of movement of a joint is present.

If non-accepted conditions contribute to the loss of function, Chapter 19 (Partially Contributing Impairment) is to be applied in conjunction with Table 3.2.2.

Functional Loss Table 3.2.2
LOSS OF MUSCULOSKELETAL FUNCTION: LOWER LIMBS (BASED ON USE OF BOTH LOWER LIMBS TOGETHER)
Impairment Ratings                                                                         Criteria
NIL                                                                                           Walks in a manner normal for age on a variety of different terrains and at varying speeds.
                                                                                            Sciatic pain — occasional twinges but no effect on walking most of the time.
FIVE                                                                                          Walks with intermittent difficulty, such as locking or giving way, without falling. Caution needed on steps and uneven ground, or when running.
                                                                                              Has intermittent pain from weight-bearing, ie, not all the time, or only after weight-bearing for some time.
                                                                                            Sciatic pain occurring frequently: present