Bva Granted Claim - How Is It Rated?

[vetwife]

BVA has granted the claim!!!

I know file was sent back to the RO for rating - but how is the rating done?

Do they send for another C&P or use the old C&P?

Any idea's on time frame?

[carlie]

I've never heard of or experienced a "new" C&P as a result of a BVA ruling, or a DRO ruling granting the benefits sought on appeal either.

In many cases I would have to agree with Pete on the issue of the RO

requesting a new C&P examination in order to accurately reflect the

veterans current level of disability.

As an example, I will use an issue I just had granted at the BVA level.

2010 - Cervical DDD was just granted by BVA as service connected.

My last C&P exam for cervical spine was around 2001.

I do not see any way VARO can rate the current level (percentage of disability compensation)

with the range of motion criteria, that is the result of a C&P that is at least nine years old.

jmho,

carlie

[vetwife]

Thank you Carlie, so I guess it can go either way , just up to the RO....

[Troy Spurlock]

In many cases I would have to agree with Pete on the issue of the RO

requesting a new C&P examination in order to accurately reflect the

veterans current level of disability.

As an example, I will use an issue I just had granted at the BVA level.

2010 - Cervical DDD was just granted by BVA as service connected.

My last C&P exam for cervical spine was around 2001.

I do not see any way VARO can rate the current level (percentage of disability compensation)

with the range of motion criteria, that is the result of a C&P that is at least nine years old.

jmho,

carlie

In your response, you make a valid point. I guess it would depend on the condition being claimed.

T.S.

[vetwife]

Just updating for those looking for information

Husband was sent for new C&P for rating of 2 granted claims. & also had 1 rated with old C&P - so you were all right

The VARO did rate 1 of the granted claims for DDD - just using the 5+ yr old C&P & only gave him 10% - then... they sent rest of file over to AMC...

AMC sent him for new C&P on 2 other granted items back in October. Haven't heard from them since.....

[Troy Spurlock]

Sorry to infringe on post, but Troy where you been hiding?? Have not seen you post for a while. Glad you can respond here.

My apologies that I have not been posting as much as I could or should these days.

Working full time and helping a few veterans with their claims takes a lot of time; and when I get down time I try to relax.

I may be on a little more here soon when I am down for a month and a bit after back surgery scheduled for May 4th. Having L4-L5 and L5-S1 fused due to SC degenerative disc disease, among other issues.

Anyhow, thanks for the comment and no worries, you were not infringing on my post. ;-)

T.S.