BVA order

[121212]

Can someone tell me what this means. ORDER The appeal for an evaluation in excess of 10 percent for right ankle limitation of motion prior to September 10, 2008, is denied, but a separate, compensable, 10 percent evaluation for right ankle instability prior to September 10, 2008 is granted, subject to law and regulations governing the effective date of an award of compensation. The appeal for an initial evaluation in excess of 10 percent for left ankle limitation of motion prior to September 10, 2008, is denied, but a separate, compensable, 10 percent evaluation for left ankle instability is granted, subject to law and regulations governing the effective date of an award of compensation. The appeal for an evaluation in excess of 20 percent for right ankle limitation of motion from September 10, 2008, to April 2009, is denied, but a separate, compensable, 20 percent evaluation for right ankle instability from September 10, 2008, to April 2009 is granted, to the extent not precluded by 38 C.F.R. § 4.68, subject to law and regulations governing the effective date of an award of compensation. The appeal for an initial evaluation in excess of 20 percent for left ankle limitation of motion prior to March 10, 2011, or after June 1, 2011 is denied, but a separate, compensable, 20 percent initial evaluation for left ankle instability from September 10, 2008, to March 10, 2011 is granted, to the extent not precluded by 38 C.F.R. § 4.68, subject to law and regulations governing the effective date of an award of compensation; the appeal is granted to this extent only. Thanks Ken

[Berta]

Was this a CUE claim? Or a re open for a better EED.?

The right ankle rating remains the same, but with a better EED at 10% from prior to Sept 2008.

I cant determine what EED they granted that was 'prior to' Sept 2008

The left ankle % remains the same but also with a better 10%  EED prior to Sept 2008 has been granted.

"The appeal for an evaluation in excess of 20 percent for right ankle limitation of motion from September 10, 2008, to April 2009, is denied, but a separate, compensable, 20 percent evaluation for right ankle instability from September 10, 2008, to April 2009 is granted, to the extent not precluded by 38 C.F.R. § 4.68, subject to law and regulations governing the effective date of an award of compensation. "

This means they granted you 20% on the right ankle from Sept 2008 to April 2009( Is that the date of the original  claim)?

"The appeal for an initial evaluation in excess of 20 percent for left ankle limitation of motion prior to March 10, 2011, or after June 1, 2011 is denied, but a separate, compensable, 20 percent initial evaluation for left ankle instability from September 10, 2008, to March 10, 2011 is granted, to the extent not precluded by 38 C.F.R. § 4.68, subject to law and regulations governing the effective date of an award of compensation; the appeal is granted to this extent only. "

The left ankle LOM % remains the same but they granted 20% from Sept 2008 to March 2011.

I hope others will also chime in on this and check to see if I assessed this all correctly..

You did Very well! They owe you retro but I dont do math well.

 

[121212]

Thank you for the help, yes that is date of the original  claim , I have a remand on the same case for after 2011 till now at the AMC, that was closed yesterday, waiting to here from them, I can not fine the decision at the BVA site to see what the judge ruled. I got a call from the AMC, the guy I talked to said I got 10 and another 20 on my left ankle, that would make me 100% from 2011 til now. I want to see the paper work first.  Thanks Ken

 

 

13 hours ago, Berta said: