A three-judge panel of the 4th U.S. Circuit Court of Appeals agreed with a federal judge in , who last year threw out the lawsuits brought against KBR, a former Halliburton Corp. subsidiary. You may remember that Vice-President Dick Cheney was the CEO of Haliburton.
More than 60 lawsuits allege that KBR's practice of dumping tires,
batteries, medical waste and other materials into open burn pits created
harmful smoke that caused neurological problems, cancers and other
health issues in more than 800 service members.
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.