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.

 

[fmfdoc]

14 hours ago, broncovet said:

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.  

thanks for the Feedback. The Law firm that represented me was Chisholm, Chisholm and Kilpatrick. I've seen there name used several times on this site, Hopefully the Court of Appeals for Veteran Claims decision will be enough to grant an award!

[pwrslm]

On 6/16/2018 at 1:10 PM, fmfdoc said:

did you go through another C&P before the backpay?

After I pushed for a reconsideration, the RO did a 2nd C&P. I went, they did the same BS the 1st one did, so I uploaded a detailed statement on the errors in both C&P's, provided records from a NON VA specialist, and they finally gave me the increase.

The main thing is to not sit back and trust that any of them will find the mistakes. Its up to us to flag the problems, dot the I's and cross the Ts, and give them dates, times, names and locations of everything related to the error. This is CYA routine to the extreme, but it makes them look stupid if they can not figure it out.