Schmitt & Coletta, P.C.
|Posted on October 27, 2017 at 1:02 PM|
The US Court of Appeals recently held that the Board of Veteran Appeals erred by relying on a C&P exam which only measured the current loss of Range of Motion and did not ascertain the Loss of Motion during flare-ups of the back condition.
If you have an orthopedic injury, the amount of compensation depends upon your functional loss of range of motion. VA examiners routinely push you beyond your functional range of motion to lessen your compensation. Now they at least have to estimate the degree of limitation during flare-ups. Flare-ups can severely restrict your range of motion.
You may want to appeal a decision awarding compensation based on function limitations of motion,
Categories: Case Law