great bva letter arrived....can the judge allow paramid?

[paulcolrain]

not wanting to get to involved in the absolute of this but,,,,,

has anyone heard of a Washington DC Judge find his way around pyramiding....? 

his order describes that i DESERVE A HIGHER RATING IN ADDITION TO THE ALREADY BILAT 10%,,,, THEN EXPLAINS WITH DETAIL THE NEW SERVICE CONNECTIONS... MY POINT IS,, A LAYMAN WOULD NEVER PUT THIS BEFORE A JUDGE AND WOULDNT KNOW INS AND OUTS OF LAWS THAT THIS JUDGE DOES......THE JUDGE IS ORDERING THE RIGHT TO PYRAMID BUT HE IS DESCRIBING IT SO DIFFERENT IN LEGAL TERMS THAT IT IS NOW CLEAR OF PYRAMID ..........

SO THEN THE QUESTION REMAINS,, COULD THE RATER OVER RIDE THE JUDGE??? IM DOUBTFUL THAT COULD HAPPEN EVER......

maybe the judge is looking at ESTEBAN v BROWN

Edited August 11, 2018 by paulcolrain

[broncovet]

The rater can not over ride the judge.  But the rater can manipulate.  In other words, if the judge did not specify a disability percenatage, they can give you 0 percent.  Or, if the judge did not specify an effective date, your rater can hornswaggle you on the effective date, and you would still have to appeal the hornswaggeled decision.  

[paulcolrain]

6 hours ago, broncovet said:

But the rater can manipulate.  In other words, if the judge did not specify a disability percenatage,

[broncovet]

Did the board decision specify an effective date?  

I think Congratulations are in order, the board has apparently awarded you benefits.  

I think you are probably numb, and not even beleiveing what you read.  I have done that.  

Edited August 11, 2018 by broncovet

[paulcolrain]

46 minutes ago, broncovet said:

Did the board decision specify an effective date?

yes ill show here.... but please remember,,, im alreaady rated 10% bilat for radiculopathy DC 8520 and judge knew that .... thats why im confused.. unless judge granted based on what he knew in record should allow it...?

[paulcolrain]

21 hours ago, broncovet said:

board has apparently awarded you benefits. 

CHECK THIS OUT BRONCO,, THIS IS SOMETHING I FOUND ON BVA SEARCH DECISIONS.... ITS NOT MINE BUT IT DOES SHOW PRECIDENT WHEN JUDGE OVER RULES PYRAMID...

The Board observes that it is a matter of public record that the Court, albeit in a non-precedential manner, has noted that there are situations where, for example, "compensating the appellant's sciatic nerve symptoms separately [from external popliteal (common peroneal) nerve symptoms] would appear to not run afoul [of] the rule against pyramiding.  38 C.F.R § 4.14 (2015)."  Defazio v. McDonald, 2015 U.S. App. Vet. Claims LEXIS 1304 (U.S. App. Vet. Cl. Sept. 28, 2015) (non-precedential).

[broncovet]

Great, and thank you, Paul!