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BVA rating increase

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Elbow service connected at 10%

Veteran feels elbow should be 20% service connected.

If the veteran files appeal to the BVA, will the BVA simply award higher rating or deny rating increase?

Does the BVA remand appeal rating increases?

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  • HadIt.com Elder

If his symptoms meet the criteria, and he is already s-c for it already, the BVA "usually" will eval and remand that the RO re-eval the symptoms. That would basically say that he meets a higher rating. If the C&P has been a while, the RO might consider another C&P to see how much (worse) his elbow is from the last exam. I believe that the BVA can, on occasion, determine the rate and remand back, however, to figure the total comp.

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  • HadIt.com Elder

I should add that is the veteran is "SURE" he should be rated at 20%, the question is why? If the C&P was totally in-accurate, say they didn't measure his extension, etc. then he could try a HLR. It has to be pretty obvious that the examiner made mistakes though for HLR to work.

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🤠........

He is a veteran with a 10% rating secondarily to service connected bicep tendinosis.

10% moderate versus 20% severe.

He was reported for a debilitating episode, pain, swelling, ROM issue, during the C&P exam.

Furthermore, the elbow has been a issue for more than 24 months.

The logic is a rater or law judge would err on the higher rating due to the length of time.

 

A moderate issue would be more acute in duration versus a chronic issue lasting several months/years.

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