The situation involves two C&P exams for TMJ ROM ratings. The first was lost, but I was brought back a few weeks later and I was awarded 10%. 15 years later, the initial exam was found in my c-file and would have granted 30%.
Anyone have any idea how they would determine which exam more nearly approximates the criteria for ROM ratings? There are no other dental exams within a year prior or after, so which one would they probably use?
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§ 4.7 Higher of two evaluations. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.
[1998]
"If it's stupid but works, then it isn't stupid." - From Murphy's Laws of Combat
Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.
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Vync
The situation involves two C&P exams for TMJ ROM ratings. The first was lost, but I was brought back a few weeks later and I was awarded 10%. 15 years later, the initial exam was found in my c-file and would have granted 30%.
Anyone have any idea how they would determine which exam more nearly approximates the criteria for ROM ratings? There are no other dental exams within a year prior or after, so which one would they probably use?
"If it's stupid but works, then it isn't stupid."
- From Murphy's Laws of Combat
Disclaimer: I am not a legal expert, so use at own risk and/or consult a qualified professional representative. Please refer to existing VA laws, regulations, and policies for the most up to date information.
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Vync
@GBArmy Yep, I would not put it past them. I'll be sure to include language in the request to ensure the original EED is maintained.
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