RO increase rating during pending appeal to BVA?

[marine0816]

I’m at the BVA level on my Appeal. I just got an RFE (Request Future Exam) CP exam done through VES.. if the RO increases my ratings per CP exam, what would happen to my appeal? Is there law or guidelines for when the RO changes rating during a pending appeal, through the BVA? Thanks

[jlrith]

I'm assuming the disabilities covered on the C&P exam are under appeal.

The appeal will go forward.  

If the judge finds that you are receiving the highest rating (full grant of appeal) for your disability, they will simply toss out the appeal.

Researching my own case, I came across a number of BVA decisions where that has happened.  The appeal basically becomes moot, but only the judge can determine that once it's been sent to the BVA.  

 

If the RO grants you what you are entitled to, simply revoke your appeal.

If they don't, the appeal should continue irregardless. 

When you receive your decision, make sure to read it closely concerning the appeals portion and consult your VSO if it sounds like they will require you to appeal the new decision.  

[pwrslm]

If this was a RFE, the EED on the award would be the date of the C&P exam. 

The date on the appeal would be the date of the orig claim that was denied/low-balled.

Let it ride, if  the BVA  decides in your favor, they SHOULD give you retro back to the orig claim.

[marine0816]

Thanks. My RFE CP Exam was for my Raynauds.  But the NP examined my raynauds and  on all my frostbite injuries which include my nose and ears which are the ones up for appeal. I was told when you have  a cp exam for one condition they tend to examine all your other conditions while you’re there. I got a 100% back in the summer and my chapter 35 benifits were held up due to pyramiding, they scheduled a Future Exam on my rating sheet. If they up my rating on my nose and ears the pyramiding wouldn’t be a factor.