Document ID: chunk:federal_register_of_legislation:F2023C00151:reg:54:p29
Version: federal_register_of_legislation:F2023C00151
Segment Type: reg
Provision Reference: reg 54 (pt 29/36)
Character Range: 163367–166561

Impairment Table 3.2.4
LOWER LIMBS: JOINT REPLACEMENTS AND REALIGNMENTS
Impairment Ratings                                Criteria
NIL                                               No joint replacement or realignment in lower limbs.
FIVE                                              Tibial osteotomy
TEN                                                  Total knee replacement.
                                                   Total hip replacement
                                                  Where applicable, up to four ratings may be made from this table — one rating for each knee and one for each hip.

No age adjustment permitted for this table

Example:

A veteran has an amputation of his right foot as the only accepted condition of his lower limbs which upon investigation is found to fit the description of "amputation below knee with functional stump".

By following steps 1 to 6 inclusive, a rating will have been selected:

         from Table 3.2.2:

              probably 10 to 30 impairment points (depending on the severity of the effect of the amputation on the particular veteran);

         from Table 3.2.3:
              30 impairment points.

These two ratings are to be compared and the veteran receives the higher as the total final impairment rating for his amputation of right foot.

If multiple accepted conditions are responsible for the impairment of the lower limbs, the situation will be more complicated and may require applying Chapter 20 (Apportionment).

In some cases, two other impairment ratings are to be given. In such cases, the functional impairment for the limbs should be apportioned into three parts:
 one part corresponding to the impairment due to any amputation of the right leg;
 one part corresponding to the impairment due to any amputation of the left leg; and
 one part corresponding to all other causes.

Substep 7B  When the only Other Impairment rating relates to joint replacements and realignments.

            Ratings from Table 3.2.4 are to be given only if both the following conditions apply:
             the predominant cause of loss of lower limb function is a vascular condition (such as peripheral vascular disease); and
             the rating obtained from Table 3.2.2 is higher than the highest rating obtained from Table 3.2.1.
            Other Impairment rating or ratings from Table 3.2.4 are to be included in the final combining of all impairment ratings. Unlike Other Impairment ratings from most other tables, ratings from Table 3.2.4 are not to be compared with a functional impairment rating.

Example:

A veteran has osteoarthritis of both knees as an accepted condition and has had bilateral knee replacements resulting in reasonably good function. The veteran also has peripheral vascular disease as an accepted condition which limits walking distance to about 200 metres.

By following steps 1 to 6 inclusive,  a rating will have been selected:

         from Table 3.2.2:

         20 impairment points; and

         two ratings will have been selected from Table 3.2.4:

         10 impairment points for the right knee replacement; and

         10 impairment points  for the left