Gardberg & Kemmerly, P.C. Attorneys at Law

EVANS V. SHINESKI

Have you undergone a Compensation and Pension Examination (C&P) with the VA? Was your VA C&P examination adequate?

In Evans v. Shineski, #13-1096 (SJ, decided April 24, 2014), a case recently decided by the United States Court of Appeals for Veterans Claims, the Court vacated and remanded a Board of Veterans 'Appeals decision that denied the veteran entitlement to a compensable disability rating for osteoarthritic changes of the left knee prior to April 9, 2010, and a disability rating in excess of 10% from April 9, 2010, stating that the Board failed to address an issue reasonably raise by the record. The issue the Court was referring to was the veteran's argument that the VA C&P examination he underwent for purposes of rating his service connected knee condition was inadequate. The veteran argued the C&P examination was inadequate for rating purposes because the examiner failed to sufficiently discuss the effect of the veteran's service connected knee disability on "ordinary conditions of life to include employment interference."

The C&P examiner found that the veteran's ability to work was impacted by "functional limitation of the knee due to chronic pain and weakness," but provided no detail as to impacted activities, despite being asked for examples. The Court found that the Board failed to provide an adequate explanation of why the record evidence of veteran's functional loss due to the left knee disability did not warrant a disability rating higher than 10 percent. The Court found that the C&P examiner's finding that the veteran suffered from "functional limitation due to pain and weakness" that limited his ability to work was relevant, material, and favorable to the veteran and should have been specifically addressed by the Board.

If you have undergone a VA C&P examination for the purposes of receiving a VA disability rating and feel that the C&P examination was inadequate, call the experienced veteran's disability attorneys at Gardberg & Kemmerly, P.C. today for a free case evaluation. Gardberg & Kemmerly, P.C. serves veterans across the gulf coast, including Alabama, Florida, and Mississippi.

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