Question On My Bva Decision

[carlie]

I think I will still have more of a long drawn out process

ahead of me.

In regards to the parts of the BVA order that state:

ORDER:

Service connection for cervical degenerative and joint disease is granted.

Service connection for asthma and bronchitis is granted.

(This one will come on the re-write of the BVA order).

Questions:

There is nothing in this BVA Decision that shows ROM for Cervical

or PFT's and FEV's for respiratory.

There is nothing in this Decision that addresses Effective Dates or

Disability Percentages Level, for either of these conditions that have

now been granted as Service Connected.

There is nothing in the Remand portion of the BVA Decision,

that instructs the RO to adjudicate an Effective Date or Level of Disability

for either of these two conditions.

Do I need to be concerned with this or will the RO automatically (ha-ha, yea, right),

tackle the Effective Dates and Level of Disability without specifically

being instructed to do so ?

carlie

[john999]

Yes, I think it is the RO's job to assign a rating and a effective date.

[Philip Rogers]

Carla - the effective date should be the date you initially filed the claim, if it's been under continous prosecution. If you haven't had C&P's, for the two new SC conditions, or they are old, the RO will order them. In the mean time, I would file for TDIU "now!!!!"

pr

I think I will still have more of a long drawn out process

ahead of me.

In regards to the parts of the BVA order that state:

ORDER:

Service connection for cervical degenerative and joint disease is granted.

Service connection for asthma and bronchitis is granted.

(This one will come on the re-write of the BVA order).

Questions:

There is nothing in this BVA Decision that shows ROM for Cervical

or PFT's and FEV's for respiratory.

There is nothing in this Decision that addresses Effective Dates or

Disability Percentages Level, for either of these conditions that have

now been granted as Service Connected.

There is nothing in the Remand portion of the BVA Decision,

that instructs the RO to adjudicate an Effective Date or Level of Disability

for either of these two conditions.

Do I need to be concerned with this or will the RO automatically (ha-ha, yea, right),

tackle the Effective Dates and Level of Disability without specifically

being instructed to do so ?

carlie

[carlie]

The dates I've filed the claims:

Cervical goes back to 1978 and Respiratory goes back to the late 90's.

The C&P's I've had for both conditions are all old by a minimum of

five years or more for both the Cervical and Respiratory.

IU is still supposedly on the table at the RO level from a couple of years ago.

carlie

[Vync]

Carlie,

Regarding each of the conditions, look up the values from your relatively hopefully recent C&P exam(s) or treatment records. After reading a bunch of BVA decisions, I noticed that unless you ask for a specific or maximum possible rating, they tend merely dictate granted/remanded/denied. I have seen a lot which a person requests 60% for something, but the BVA only grants 40% and they go wayyyy out of their way to even include the rating percentages for whatever condition code was in question. The same can go for effective dates too. PR's advice matches my experience. When I won most of my BVA claim in the late 1990's, my C&P exams were almost a year old and they gave me new ones (with a more competent doctor, not a bluthering idiot).

Also, my BVA ruling said that my claim must be treated expeditiously. Sounds like a pipe dream, but they really did turn it around very quickly, and that was in 1999. I hope they afford you the same luxury.

[Philip Rogers]

Carla - you didn't state whether they were under continuous prosecution. If they weren't and SC was just now granted I'd look for a CUE to get the EED. As for the TDIU, I would file another form in case. During my claim process I filed 4 times, just in case they found a way to deny a previous TDIU application. I think they will definitely order new C&P's. It wouldn't be prudent on their part not to. Then they may try a step award for each. jmo

Vync - 1999 must have been a good year, as that's when I won mine, at the BVA!!! Only took 10 yrs. I respectfully disagree on the processing expeditiously, as I've never seen them honor that order. jmo

pr

Carlie,

Regarding each of the conditions, look up the values from your relatively hopefully recent C&P exam(s) or treatment records. After reading a bunch of BVA decisions, I noticed that unless you ask for a specific or maximum possible rating, they tend merely dictate granted/remanded/denied. I have seen a lot which a person requests 60% for something, but the BVA only grants 40% and they go wayyyy out of their way to even include the rating percentages for whatever condition code was in question. The same can go for effective dates too. PR's advice matches my experience. When I won most of my BVA claim in the late 1990's, my C&P exams were almost a year old and they gave me new ones (with a more competent doctor, not a bluthering idiot).

Also, my BVA ruling said that my claim must be treated expeditiously. Sounds like a pipe dream, but they really did turn it around very quickly, and that was in 1999. I hope they afford you the same luxury.