Looking For A Little Help

[Ricky]

Just checking to see if anyone has read any COURT cases in which they ruled on the VA's lack to apply 38 CFR as it pertains to the requirement for the VA to rate the effects of a single disability which effects different body systems? As an example in my case a Thalamic CVA resulted in centeral nerve damage which has been determined (medically) to have resulted in loss of functional use of the left upper and lower extrems along with loss of taste and feeling in the left side of the face coupled with thalamic pain sydrome of all affected areas and post stroke depression. In rating the disability the VA said yep you had a stroke and yep you have residuals so here is your 10 percent now go away beggar. They failed to provide the appropriate rating for the hand, foot, pain syndrome and depression. I am aware that 38 CFR requires them to rate all body systems affected by a disability such as a CVA but was just wondering if anyone had read any court cases in which the VA failed to do so. I have searched but my efforts did not turn up anything, however, with my ole mind it is possible to have missed something. Thanks guys

[Berta]

Not a court case but this is from M21-1 as to how they rate residuals-

http://209.85.165.104/custom?q=cache:i7Jtl...381742111066612

I would search under Residuals if I were you- might narrow the search down to a specific case.

Also see Myler V Derwinski-

I am sure this case can be found at hadit-

It was SC GSW but the VA failed to rate residuals as I recall-

I believe this was a CUE and the retro went back to 1953.

Edited March 27, 2007 by Berta

[Ricky]

Thanks Berta. This gives me a starting point in the development of my arguments.