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Francisco v. Brown (1994)

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. . . when "an increase in the disability rating is at issue, the PRESENT level of disability is of primary concern."  I read this holding by the court referenced continuously on claims for increased Initial ratings that I've researched.  If by "present" they mean right now as of today, current - I know they are to consider the entire history of of an injury or disability, but how much does my present level of disability weigh and how does it relate to the overwhelming medical evidence and sympyomatolgy of a still pending claim of 35 years ago?  That was then, this is now.

 

 

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Are your requesting an increase of a pending claim?  How would you know what they are going to rate your pending claim?

Your claim is not settled if it is pending, so I am not sure you can request an increase, i.e., an increase of what, etc..

Sounds to me like you have additional evidence (new) for your pending claim.

Send in the new evidence,

Just saying,

Hamslice

 

 

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It's complex.  My original claim  ( I was granted s/c but rated 0%) is still pending on three separate counts ( prejudicial errors and misinterpretations of correspondence, statutes and regulations) as I see it.   The informal claim for increase (3.157) was incendental and is also still pending.  It, the evidence associated with it, and all subsequent claims are now part of my still pending original claim.  The evidence/symptoms for the informal claim were textbook and are of record  for 60% at the time.  This all arises from a recent rating award for associated manifestations of my original s/c disability.  I'm appealing for an earlier effective date (encompassed ) and higher rating (evidence they didn't consider) to the date of my initial claim to include a 60% rating for my still pending subsequent informal claim for increase.  That's where my question about Francisco v. Brown  comes in.  I know that all sounds  convoluted.  I did say it was complex.  Thank you for your response.

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