Schafrath v. Derwinski
United States Court of Appeals for Veterans Claims
1Opinion of the Court
STEINBERG, Associate Judge:
The veteran, Roger J. Schafrath, appeals the reduction of his rating for a bone spur of the right elbow from ten percent to noncompensable. The Board of Veterans’ Appeals (BVA or Board) upheld the rating reduction based upon a physician’s report indicating that there was no limitation of motion in the right elbow. The Board erroneously failed to apply the provisions of 88 C.F.R. § 4.40 to determine whether the appellant’s compensable rating should be continued because of “functional loss” due to pain, and the provisions of other regulations requiring that the entire…
2Cases cited19 opinions
- Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
- Karnas v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Green v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- EF v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
14 more not listed; retrieve them via the Exa API.
3Cited by340 opinions
- Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Dingess - Hartman v. NicholsonUnited States Court of Appeals for Veterans Claims · 2006
- Fenderson v. WestUnited States Court of Appeals for Veterans Claims · 1999
- Quarles v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
335 more not listed; retrieve them via the Exa API.