Legal Opinion

Schafrath v. Derwinski

United States Court of Appeals for Veterans Claims

Decided November 26, 1991No. 89-114PublishedCited by 340 opinions

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

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Murphy v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Karnas v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  4. Green v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. EF v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991

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3Cited by340 opinions

  1. Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  2. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  3. Dingess - Hartman v. NicholsonUnited States Court of Appeals for Veterans Claims · 2006
  4. Fenderson v. WestUnited States Court of Appeals for Veterans Claims · 1999
  5. Quarles v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992

335 more not listed; retrieve them via the Exa API.

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