Can rater reduce appealed knee ??

[Tfresh]

My SC Right  knee is up for increase, and just received a C & P for BOTH knees even though the increase being requested was for the Right knee only. Examiner told me they are now required to examine both knees always when doing one knee.

Left knee is currently UNDER APPEAL as of June from an earlier claim.

Can the rater who is currently deciding on the Right Knee (it is in Prep for Desicion ) decrease the rating of the Left knee that is currently under appeal status ? Or does a rater have to leave issues that are under current appeal alone ?

[brokensoldier244th]

Under an appeal the VA can request an exam, anyway. So, you are getting two exams now rather than one for the right knee and waiting longer for a specific review of just the left one. 

[Buck52]

It depends on what the examiner puts in his report?

If they are now required to examine both knees  then the knee that shows a more  of an increase of severity then the rater should rate accordingly and if both Knees show a severity as in worse than the last time you were check  then  you should get a bilateral rating for both knees.

Unless your knee or knee's have shown improvement  then they can possibly propose a reduction.

Also as long as your under Appeals  no reduction can be made to your S.C. Condition.

Edited December 14, 2016 by Buck52

[Buck52]

They have some  rating protections and it helps to be 55 Plus

clink on this link and read about proposed reductions.

http://www.nolo.com/legal-encyclopedia/va-reexaminations-reductions-veterans-disability-benefits.html

[Tfresh]

Thanks for the answers, makes sense. The examiner said the left knee was normal so it could be reduced I think, but they will look at that left knee in the appeal, and not now, while they are rating the right knee for increase. The left knee has held a 20 percent rating for over 20 years, so I know about the 20 year rule and they can't reduce it below that. It will probably be reduced from 30 % which it has been for 18.5 years, down to 20 %. But I do plan on going to a private ortho physician and having stability tests performed and left knee evaluated since I do have a 32 year old ACL repair with a large metal screw in my knee attaching the ligament. My VA ortho docs have said in their notes that the ACL is loose and worn out, but they dont put the numbers to it, like 2+ or 3+.  A Physician;s Assistant did my C & P, and she didnt do the test properly. I will submit the private ortho surgeons report to my current appeal on left knee. At least the VA's exam is done, they are very stressful in my opinion. 

Edited December 15, 2016 by Tfresh
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