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38 CFR § 3.322 Rating of disabilities aggravated by service; preservice reduction criteria
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Vync
Regarding 38 CFR 3.322, the VA is supposed to determine if the preservice level of disability can be ascertained in terms of the rating schedule. If it can, and the rating was not 100%, then they are supposed to deduct the preservice level of disability from the awarded level of disability.
If the rating criteria changes while the veteran was in service, which rating criteria should be used?
- Criteria in effect at the time they joined the service
- Criteria in effect when the rating decision was made
Or could it be the criteria that is more beneficial to the veteran?
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GeekySquid
if this is correct, and I assume the doctor that did them is long gone, then unless you provide them those records or an insurance company paid for that treatment, then there is no record they could "
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