Bva 2012

[bergin c/o]

any idea if the bva has made it to 2012 decisions yet .or where they stand on the back log.

[bergin c/o]

just curious , I have two hip replacements as a result of service connected disability, I looked under vasrd schedule of ratings 5054 hip replacement it says minimum 30 percent . should I have gottin that instead of a zero rating . a bit confused about the rating system . I am faxing a copy of the decision to my vso ( he has not gotten his copy yet ). thanks

[bergin c/o]

well just an up date . today filed the appeal to the appeal . v.a rating guidelines say I should have been granted a minimum of 30 percent for each hip because of the replacements .. don`t know how they missed that one . and gave me a zero for one and 10 percent for the other ..so here we go again on the appeal train .not sure how we can look something up in the rating regulations and yet the rating officers completely ignore it and do what they want. so in 90 days I will get a letter saying they are working on it

[carlie]

well just an up date . today filed the appeal to the appeal . v.a rating guidelines say I should have been granted a minimum of 30 percent for each hip because of the replacements .. don`t know how they missed that one . and gave me a zero for one and 10 percent for the other ..so here we go again on the appeal train .not sure how we can look something up in the rating regulations and yet the rating officers completely ignore it and do what they want. so in 90 days I will get a letter saying they are working on it

Can you post the exact Reasons and Bases Section ?

That's where you will find the answer to the how's and why's of the

evaluation they made the decision on.

[bergin c/o]

to assign me a rating from the bva decision dated august 2012, the Hartford regional office used a 2009 c-p exam . during the exam from 2009 I already had my right hip replaced and was trying to hold off a little longer on the left . the examiner told me I had really bad range of motion on both hips ..however in rating the 2012 decision it read one example of a muscular range of motion problem 38 cfr 4.59 allows for considerable loss of function due to painful motion to be rated to at least the minimum compensable rating for a particular joint. since you demonstrate painfull motion of the thigh at the hip , the minimum eval of 10 percent is assigned, ...that was for the left side , the one ,at the time that wasn`t not replaced yet .they gave me a zero rating for the right hip ,,the one that had been replaced ..saying that I did not meet the minimum for painful range of motion..the person rating my 2012 decision never took into account that in 2009 I already had one hip replaced and the 2012 bva decision stated I had both hips replaced .. my vso filled the appeal stating that the minimum rating for a hip replacement is 30 percent per hip so we will see

[bergin c/o]

update -- filled notice of disagreement . vso feels we have a 60 percent or better chance of winning .. even though bva awarded service connection and I have 2 hip replacements , he has seen them deny stronger cases says it will be 8-10 months at the regional level.

[bergin c/o]

in our n.o.d we appealed the rating , saying that the 10 percent for one hip and the zero for the other , my vso said it should be 50 percent for each hip replacement