Fat Posted June 10, 2020 Share Posted June 10, 2020 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? Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted June 10, 2020 HadIt.com Elder Share Posted June 10, 2020 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. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted June 10, 2020 HadIt.com Elder Share Posted June 10, 2020 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. Link to comment Share on other sites More sharing options...
0 Fat Posted June 10, 2020 Author Share Posted June 10, 2020 ........ 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. Link to comment Share on other sites More sharing options...
0 HadIt.com Elder GBArmy Posted June 10, 2020 HadIt.com Elder Share Posted June 10, 2020 This would give you an ballpark idea how he would make out http://www.militarydisabilitymadeeasy.com/shoulderandarmmuscles.html Link to comment Share on other sites More sharing options...
Question
Fat
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?
Link to comment
Share on other sites
Top Posters For This Question
3
2
Popular Days
Jun 10
5
Top Posters For This Question
GBArmy 3 posts
Fat 2 posts
Popular Days
Jun 10 2020
5 posts
4 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now