Results from a representing Law firm

[fmfdoc]

Hi,

A Law firm that works with the DAV represented me for a disability case. In 2006, I was rated at 10 percent for DDD. The Law firm claims the VA did not consider ROM with pain during my C&P in 2006.  Fast forward to 2015 during an appeal and  having to meet with a Traveling VA Judge, I was eventually rated 40 percent (which is what i thought i'd be this whole time). 

Just today, I received a letter from the firm.  They are "pleased to tell me" The Court of Appeals for Veteran Claims vacated the decision from the BVA and remanded my claim for further "proceedings consistent with the Joint Motion for Remand and the Court's order" Essentially, the VA agreed that the range of Motion with pain was not taken into consideration.

My claim file will be transferred to the BVA and they must make a new decision. The letter ends by asking me to call the DAV national appeals officer. I did and left a VM.

So, my questions are: Has anyone had this experience? what was your outcome? Also, is there a possible back pay due based on this going back to the BVA?

I hope all of you are doing well!

let me know if you can shed some light for a possible outcome.

 

[pwrslm]

I would go now and get an examination done by a good spine specialist.

The VA will want a new DBQ done, so if you turn it in to them, you may get better results. Expecting the VA to provide you with a competent Spine exam is slim pickin's. They have some great specialists, dont get me wrong, but the ones that they send you to for C&P exams normally will not be a specialist. Get your own specialists who is familiar with your case to do the DBQ then give it to them ASAP. 

If they overturned the earlier decision you should get back pay back to the original claim where you appealed from.

 

[Buck52]

I agree with pwrslm!  good info.

[broncovet]

Yes, it has happened to me.  Your attorney should apply to the CAVC for attorney fees to be paid by EAJA, so you should have little or none due, depending upon your fee agreement.  

After the remand, I wound up being awarded additional benefits.  Its a great way to go.

 

[fmfdoc]

10 hours ago, pwrslm said:

If they overturned the earlier decision you should get back pay back to the original claim where you appealed from.

thanks for the feedback. did you go through another C&P before the backpay?

[broncovet]

A c and p exam is "at the VA's option".  There are many reasons why they will/will not order an exam.  

However, if you have the evidence with an IMO/IME, then if VA does order an exam, a lawyer could allege the VA is "doctor shopping" to deny.  

They are not supposed to order an exam if there is already sufficient evidence to award benefits.  Its evidence that wins claims.  

[Buck52]

 As broncovet pointed out

Q: Is everyone scheduled for a VA claim exam? No, not everyone will be requested to attend a VA exam. After you have applied for disability compensation and/or pension, you may receive a phone call or a letter from VA or a VA partner asking you to come to a claim exam, also known as a C&P exam. If you have claimed benefits based upon several disabilities, you may be asked to report for one or more exams so each disability can be reviewed by an appropriate examiner. This is a routine request. You may be asked to go to a VA medical center or a VA partner to complete the claim exams. Not every application for a benefit will require an exam; it depends on what medical evidence has been included with the application.

Once a claim is approved the EED (Retro) usually will be the date first filed,with any $$ adjustments unless under certain circumstances as to when the s.c. disability first arose to be determined by a Professional  Qualified Dr Again with Adjustments that have already been paid to the veteran.