Got Bva Decision Today, Remand But............

[JayBrown1]

I need some help to understand this. Let give a little background, 2004 file claim for increase for worsening condition, in 2006 got increase from 10 to 20 percent filed a NOD 2006 that same month. In 2008 had TKR for worsening condition, 2009 given 30 percent. I contended from original claim that my knee was weak, painful and I had to use a brace to walk and that I should have been given a higher rating than 20 percent. My appeal was placed on the docket in 2008 and I received their decision to Remand it to RO in 2012. In their decision they said and I quote,

"The Board notes that the 20 percent and the 30 percent disability ratings assigned to the Veteran's service-connected right knee disability are not maximum ratings available for this disability, and as such, this claim remains in appellate status. See AB v. Brown, 6 Vet. App. 35 (1993)."

"This appeal is REMANDED to the RO via the Appeals Management Center(AMC), in Washington DC,. VA will notify the Veteran if further action on hiis part is required."

Can anyone Tell me what this means and how it affects my claim?

[JayBrown1]

Well Philip, they seem to be moving pretty fast on this, They have sent me a C&P appt date which is within the next two weeks. Not sure why seeing that I had a TKR and I am total and permanant with no further exams to be schedule. My medical records speaks volumes as to the worsening of my condition which would have warranted a higher rater than I received.

[JayBrown1]

Well I had my C&P evaluation on yesterday for claim from 2004 after BVA remanded it back to RO in June 2012. I will get a copy of it from ROI to see what it says. The doctor that saw me told me that if I had claimed that my condition was worsening and then later had to have a total knee replacement that should have let them know what I was claimimg was factual and I should have been granted the increase and the other appeal was for post total knee replacement that I should receive a higher rating than 30 percent due to the fact that my range of motion is on 75 degrees(measured on yesterday at C&P evaluation), pain, weakness and having to wear a rigid brace on a TKR. He said everything in my treatment records was enough for them to make the proper decision in granting my claims.

Well will see when it all said and done.

[JayBrown1]

Very favorable C&P evaluation. Everything I had claim was verified by doctor in evaluation. I was even surprised when I saw that my range of motion was less than I thought 55 degrees. He also stated that I had "Chronic residuals consisting of severe painful motion or weakness" which under the rating schedule after a total knee replacement the rating is 60 percent and I am only rated at 30 percent now. He also affirmed that my condition worsen to a point that I had to have a total knee replacement because all treatments failed. He also stated that my records indicated that I had "chronic severe painful motion and weakness prior to total knee replacement" and looking at the rating schedule I should have been given a higher rating than 20 percent. Everything in the evaluation confirms my entire claims.