Range Of Motion

[Alb]

I was awarded SC Lumbar 20% and cervical 20%. According to the regs with the ROM I should be awarded 40% lumbar and 30% cervical. Should I appeal ?? or can I ask for reconsideration to have them look at the C&P ROM results. They used a earlier IMO which was done BEFORE the C&P. (about 6 weeks earlier) They went ahead and used the IMO instead of the CURRENT C&P. How do I get them to use the latest medical information, which would result in a higher award.

[Alb]

A gionometer was used at the C&P. Measured three times for an over all average. ---- I had an independent IMO done before the VA C&P. I submitted this independent medical information with my claim. The VA then ordered their own examination through a C&P. The VA used the ROM measurements that came from my IMO and not the VA C&P, which would increased my claim.

[jbasser]

You know that, I know that, VAF knows that. The VA knows that also. But. you have conflicting information in your exams.

Take it to the BVA and you may be afforded another exam in the form of a Time consuming remand. Just what they want to happen.

Here is what happened to you.

§ 4.7 Higher of two evaluations.

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Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

J

Edited June 23, 2009 by jbasser