38 C.F.R. § 4.69
Dominant hand
Handedness for the purpose of a dominant rating will be determined by the evidence of record, or by testing on VA examination. Only one hand shall be considered dominant. The injured hand, or the most severely injured hand, of an ambidextrous individual will be considered the dominant hand for rating purposes.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 2003–2023 · leading case: Segundo Mariano v. Anthony J. Principi, 17 Vet. App. 305 (Vet. App. 2003).
Segundo Mariano v. Anthony J. Principi, 17 Vet. App. 305 (Vet. App. 2003). “) at 12); therefore, the following analysis is based on the rating criteria for the minor, or nondominant, arm (see 38 C.F.R. § 4.69 (2002)). The Secretary has prescribed regulations in 38 C.”
09-20 773 (Board of Vet. App. 2016). “38 C.F.R. § 4.69 (2015). As discussed above, the Veteran is right-hand dominant; therefore, her left shoulder disability has been properly considered under the rating criteria for the minor, or non-dominant, extremity.”
12-06 445 (Board of Vet. App. 2016). “Although the Veteran contends that he is ambidextrous so that his right hand should be considered his major upper extremity under the provisions of 38 C.F.R. § 4.69 , the evidence of record indicates that he is actually left handed.”
08-25 230 (Board of Vet. App. 2016). “See 38 C.F.R. § 4.69 . Diagnostic Code 5200 provides for the evaluation of a shoulder or arm disability if there is ankylosis of the scapulohumeral articulation.”
11-17 936 (Board of Vet. App. 2016). “See 38 C.F.R. § 4.69 (2015). His right wrist disability encompasses orthopedic impairment only and has been rated pursuant to Diagnostic Codes (DCs) 5003, 5010, 5214, and 5215.”
11-17 178 (Board of Vet. App. 2017). “38 C.F.R. § 4.69 . A December 2008 VA examination report reveals that the Veteran is left hand dominant.”
09-33 868 (Board of Vet. App. 2017). “38 C.F.R. § 4.69 . The medical evidence in this case reflects that the Veteran is right-hand dominant; therefore, his right extremity is the major one.”
09-46 242 (Board of Vet. App. 2018). “38 C.F.R. § 4.69 . The medical evidence in this case indicates that the Veteran is right-handed.”
11-14 978 (Board of Vet. App. 2018). “38 C.F.R. § 4.69 (2017). Under Diagnostic Code 5201, a 20 percent rating is assigned for limitation of motion to midway between the shoulder and side, or 45 degrees.”
190514-12822 (Board of Vet. App. 2019). “38 C.F.R. § 4.69 . The evidence of record indicates the Veteran is right hand dominant.”
Emilio Estevez v. Denis McDonough (Vet. App. 2023). “at 1193; see 38 C.F.R. § 4.69 (2022). 6 5201 Arm, limitation of motion of: Major Minor Flexion and/or abduction limited to 25° from side…40 30 Midway between side and shoulder level (flexion and/or abduction limited to 45°)……………………30 20 At shoulder level (flexion and/or…”
07-20 154 (Board of Vet. App. 2012). “See 38 C.F.R. § 4.69 . For VA purposes, normal range of motion of the shoulder is: forward flexion from 0 to 180 degrees; abduction from 0 to 180 degrees; external rotation from 0 to 90 degrees; and internal rotation from 0 to 90 degrees.”
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