Recent Appeal Cavc For Eed

[Berta]

http://search.vetapp.gov/isysquery/253de26...b320e2f/28/doc/

It pays to read CAVC cases to get pulese on the thinking of the Court.

Unl;ike the prior CUE claim- this vet right from the git go- fought for better EED.

It is much easier to succeed right away on EED claims than filing CUEs years after the fact-

"Although Mr.

Littlefield subsequently was assigned a 50% disability rating in August

1998 with the same effective date of March 11, 1996, and his appeal

focused on an EED for the assigned 50% disability rating, the Board

should have addressed whether his appeal necessarily included

consideration of a disability rating higher than 10% but less than 50% for

the period prior to the March 11, 1996, date for the 50% disability rating"

Havenyt read this all yet but this brings up something we dont discuss much- staggered ratings-

Say a vet gets 10% in 1991 and then 50 % in 2003-

He or she didnt get 40% more disability over night-

I always wondered about that in regard to my husband-

he didnt go from 30% to 100%-on Oct 1991 (his SC 100% EED)

At some point he had to have been 50% then 70%-

I never thought to appeal the 100% on this basis-

this could be a significant point for someone here however-

If a veteran gets a 100% award and has jumped from a much lower award-

they could have potential to NOD for a staggered rating of disability that occurred-by medical evidence- from their last % rating to the present rating %.

Lets face it- if a vet gets 10% and then jumps to 50% something occurred in the meantime (from date of last EED to newer EED that is potential ratable).

Does that make sense or am I just talking out of my

hat-

[Objee]

Berta,

I think you did it again! This is a really intreiguing (sp) idea. I used a forensic physician to write my claim reopening opinion because so much time had elapsed between the in-service event and today's diseases. Forensic as in "CSI", etc. - a lot of TV shows out there are themed on forensics.

A forensic specialist can set out a typical disease progress schedule as a medical opinion, detailing the likely progress of a chronic condition. If the importance of the forensic background is clearly explained, the courts should buy it even if the VA doesn't. This provides a reasonable schedule for advancing the disability level during the interim claim period.

Ralph

http://search.vetapp.gov/isysquery/253de26...b320e2f/28/doc/

It pays to read CAVC cases to get pulese on the thinking of the Court.

Unl;ike the prior CUE claim- this vet right from the git go- fought for better EED.

It is much easier to succeed right away on EED claims than filing CUEs years after the fact-

"Although Mr.

Littlefield subsequently was assigned a 50% disability rating in August

1998 with the same effective date of March 11, 1996, and his appeal

focused on an EED for the assigned 50% disability rating, the Board

should have addressed whether his appeal necessarily included

consideration of a disability rating higher than 10% but less than 50% for

the period prior to the March 11, 1996, date for the 50% disability rating"

Havenyt read this all yet but this brings up something we dont discuss much- staggered ratings-

Say a vet gets 10% in 1991 and then 50 % in 2003-

He or she didnt get 40% more disability over night-

I always wondered about that in regard to my husband-

he didnt go from 30% to 100%-on Oct 1991 (his SC 100% EED)

At some point he had to have been 50% then 70%-

I never thought to appeal the 100% on this basis-

this could be a significant point for someone here however-

If a veteran gets a 100% award and has jumped from a much lower award-

they could have potential to NOD for a staggered rating of disability that occurred-by medical evidence- from their last % rating to the present rating %.

Lets face it- if a vet gets 10% and then jumps to 50% something occurred in the meantime (from date of last EED to newer EED that is potential ratable).

Does that make sense or am I just talking out of my

hat-