A Win Is A Win For All!

[georgiapapa]

Congratulations on your long deserved win. Good luck to you.

[Guest]

My Brothers and Sisters, I know that some have waited for longer than I for an answer to a claim, but I kept the fight going more than the faith at times. I recently received notice from the BVA that my case was settled in my favor! Only 4 1/2 years in the waiting but worth it in the end. But I do have some questions that maybe some with experience can help me with: How long do I now have to wait until a rater gives a response? It will go to St Paul MN I assume. As well as when does the check show up? My claim was decided in my favor for: patellofemoral syndrome,patellofemoral chondromalacia, and chronic retropatellar pain syndrome of the right knee. Any ideas on what the % might be? Thanks in advance!!!

Congratulations on your win.

The good news is that you won your claim for service connection.

Now here is the problem. BVA does not make rating decisions. Your claim has been granted so it will no longer be expedited. It goes back to the VARO for a rating. BVA may tell the VARO to give you a new C & P exam to determine the rating percentage you should get but the VARO may just give you a low rating. In your BVA grant if it says you are to get a new C & P exam and the VARO do not give you one you will have to file a new NOD.

This is what happened to my BVA grant. It took the VARO almost a year to process the BVA grant and then they low balled me and I had to file a reconsideration to get a new C & P exam which proved I should have been awarded the higher rating and of course they screwed up my effective date, so I sit and wait for a new decision.

[marine0816]

Taking a wild guess It seems like your knee disabilities without adding any additional disabilities you may be rated for, you possibly might get from 10% to 60% per knee. That's if there using the "The Knee and Leg" diagnostic codes from 5256-5263. With the Bilateral Factor and Pyramiding rule in play for both your knees. This is what you may obtain without me knowing any additional information. You can look at the codes for yourself and give us more input and tell us what you think you rate, more experience members will help you further. Congrats

If they rate each knee 30% each 56% =60%

If they rate each knee 40% each 70%= 70%

If they rate each knee 50% each 83%= 80%

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=c130ec487ea61b8a40ad0836188b94bc&rgn=div5&view=text&node=38:1.0.1.1.5&idno=38

Edited July 16, 2014 by marine0816

[Navy04]

Good evidence provided above bud, but you really never now with the VA. Some guys have had success as quick as 4-6 weeks, and other guys up to a year. Good luck and keep us posted

[Philip Rogers]

Chances are the RO will order a new C&P, in order to rate you, and I would expect them to lowball you. Once you get the rating, you can compare it to how you really fit in the ratings for knees and submit a NOD, if needed. jmo

pr

[Tbird]

Congratulations