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cavscout1967

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Hello, I checked ebenefits and it said I received a GRANT from the CAVC for increased rating "anklyosis of the shoulder." I had appealed for depression and anxiety as well and they were not addressed on ebenefits so I am guessing it is still on remand at the BVA level. Ebenefits also stated that my remand would take 16-24 months. I am currently 60% with 10 for tinnitus, 20 for ankle, 20 for shoulder, 20 for shoulder radicupathy, 10 for knee. What does all this mean? if I am not providing the information needed for input I am happy to do that but at this time I dont know what else to provide you guys.

Thank you.

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  • HadIt.com Elder

cavscout1967 Quoted

''The CAVC judge "granted an increase" but only for the shoulder issue. What is going on with my other claims? It's like the NVLSP swooped in and cut out a single thing and got it approved but whats the deal with the other things.''

We/I can't answer that  not enough information.

Did you read your C&P Exam report?

it depends mostly on Range of Motion (ROM) I remember a little reading about this type of rating and its 10% to30% anything under 60% of ROM anything over 60% ROM is rated higher..so it all boils down to what your ROM is? and what the examiner put down on the DBQ.

  This is what the raters rely on making a decisions as for as how  they rate. (jmo)

Edited by Buck52
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  • HadIt.com Elder

This may help with the rating schedule?

https://www.law.cornell.edu/cfr/text/38/4.73

***''source'' cornell law''

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You are very fortunate the NVLSP stepped in and took your case to the CoVA.  Most of us veterans get to the BVA and that is where we get denied or granted.  I just wish the CoVA had been around when I first was dealing with the VA.  It is an avenue of appeal that opens up decisions that make a world of difference for veterans.

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  • HadIt.com Elder

COVA is not that veteran friendly.  Even if you have the best lawyer in the land you are at a disadvantage because you no longer have benefit of doubt.  COVA was not friendly to me and I had very competent representation on a CUE claim.  I thought it was a slam-dunk and found out different.  When you lose "benefit of doubt" and other concepts you get at lower levels in the system you are at vast disadvantage.  If you can solve your claims at the lowest level possible you will save years of wrangling.  In many respects the higher level vet appeals are a waste of time because they will swallow a whale and choke on a gnat.  Save time and get your claim approved at the RO.  Do what you have to do to get evidence and win it at the RO.  All my claims were won at the RO by asking for DRO Hearings and getting new evidence to overcome VA objections.  If it takes you years to win a ten percent increase at the COVA you have already lost by the delay.  

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Update: I got a brown envelope a couple days ago saying the grant was for 20% prior to 2016 but it didnt say how long it would go back. However I did file my original appeal in 2010. What is the next steps. My questions are.

1. When will they decide how much it actually will be

2. When will backpay hit account

3. Will I get a letter explaining this to me

Thank you

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  • HadIt.com Elder

It can be any time usually with in a month depending on how large retro you got coming?   if its $$ 25.000.00 or more it will take three signatures from the top  and that will take a while. but usually only about 2 weeks to a month.

When this happens is anyone's guess ?When the VA gets off their A*** and finishes  your claim (jmo)

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