38 C.F.R. § 4.58

Arthritis due to strain

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With service incurred lower extremity amputation or shortening, a disabling arthritis, developing in the same extremity, or in both lower extremities, with indications of earlier, or more severe, arthritis in the injured extremity, including also arthritis of the lumbosacral joints and lumbar spine, if associated with the leg amputation or shortening, will be considered as service incurred, provided, however, that arthritis affecting joints not directly subject to strain as a result of the service incurred amputation will not be granted service connection. This will generally require separate evaluation of the arthritis in the joints directly subject to strain. Amputation, or injury to an upper extremity, is not considered as a causative factor with subsequently developing arthritis, except in joints subject to direct strain or actually injured.

Notes of Decisions

Cited in 2 cases, 1992–2011 · leading case: Russell W. Burton v. Eric K. Shinseki, 25 Vet. App. 1 (Vet. App. 2011).

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Russell W. Burton v. Eric K. Shinseki, 25 Vet. App. 1 (Vet. App. 2011). “Notably, the Secretary has used the term “arthritis” in the title of regulations that deal exclusively with arthritis— see 38 C.F.R. § 4.58 (“Arthritis due to strain”) — and did not do so for § 4.”

Moore v. Derwinski, 2 Vet. App. 454 (Vet. App. 1992). “Although subsumed in the disposition of this appeal, the Court notes that the Board also failed to consider and apply 38 C.F.R. § 4.58 (1991) (with service-incurred amputation or shortening of lower extremity, later-developing arthritis in same extremity, including arthritis of…”

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