Episode 004: CAVC Oral Argument – Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)

General Preview of the Case: This is a complex case involving the complex issue of “successive rating criteria”, with a lot of regulatory interpretation and factual application issues at play.  There is one, and possibly more, diagnostic codes for rating veterans disabilities which include what are called “successive rating criteria”.  Camacho v. Nicholson, 21 Vet.App. 360 (2007). This means that each level of rating includes, within it, the criteria for the lower ratings.  The rating for diabetes is the most well known of the VA diagnostic codes believed to have successive rating criteria. Camacho v. Nicholson, 21 Vet.App. 360 (2007).  The CAVC has held in Camacho that because the schedule for rating diabetes requires establishment of successive rating criteria, certain VA regulations do not apply. First, the Court held that 38 C.F.R. §4.7 does not apply where there are successive rating criteria in a…

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