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.
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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.
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