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126.96.36.199 Resting Joint Pain in transitional claims
The transitional arrangements under section 13 of the Military, Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (CTPA) requires that impairment points from VEA and/or DRCA conditions are included as part of the MRCA assessment.
Chapter 25 of the GARP M contains the method for calculating the amount of PI compensation payable in transitional scenarios and requires an assessment of all MRCA accepted conditions and an assessment of any accepted conditions under VEA and DRCA.
Where the medical evidence shows resting joint pain arising from conditions accepted under both MRCA and VEA/DRCA, resting joint pain should be calculated by assigning one RJP rating under the MRCA and then assigning another RJP rating under the VEA/DRCA.
This may result in two resting joint pain ratings, which are used to work out the level of impairment under each Act. These ratings are then combined to calculate the client's overall impairment rating.
As with any impairment rating, the allocation of resting joint pain should be based on the medical evidence available. Where it is clear that RJP is attributable to MRCA only conditions, or the VEA/DRCA conditions only, then it would not be appropriate to assign two ratings.