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Love Case Law Check Update 38 Cfr 4.1 Cases On Hadit.com


Tbird
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Updated cases referencing 38 C.F.R. 4.1 Essentials of evaluative rating. http://www.hadit.com/38_cfr_4_1_essentials...ive_rating.html

This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbation's or illnesses proportionate to the severity of the several grades of disability. For the application of this schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. Over a period of many years, a veteran's disability claim may require re ratings in accordance with changes in laws, medical knowledge and his or her physical or mental condition. It is thus essential, both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history. (41 FR 11292: Mar. 18, 1976)

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Looks great to me Tbird!- will have to check it out better later-

VA Case law is what I live for!!!!

There are often clues within all of the CAVC and BVA decisions that can show a claimant the way VA thinks-and rates our claims.

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  • HadIt.com Elder

When I was denied back in 1992 I got a Statement of the Case and searched BVA Decisions for rulings granting full disability for Panic Disorder. I found about 3 that were awarded and two of them were awarded to Veterans with similar symptoms and much less evidence I might add.

I copied them and edited them substituting my evidence and used the reason and basis for granting in my rebuttal or Form 9. At my last hearing the Rating Officer told me that I had presented the best claim he had seen presented by the Veteran.

Well the purpose of this post is that you have to cite the law, provide medical evidence that includes a diagnosis and a link to service and you have a winner. Lately having been awarded SSD is also a big help.

Good Luck to all who still fight for earned benefits.

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  • HadIt.com Elder

I trusted the DAV and got nowhere until I got myself an increase to 30% by constantly appealing my case. I realized that to an extent it was a crap shoot, and if I just kept trying I could win this thing. I wish I had done the real work earlier, but I was able to work even at a low level and the VA kept telling that I was OK for that reason. If I could have kept working I never would have gone for the gold. When I could no longer work I found Hadit. Some find Jesus, and some find Hadit.

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