The VA Doesn't Want You to Know Flare-Ups Can Double Your Rating — Here's the Rule
📅 Schedule Your FREE Consultation → https://schedule.xterrahealth.com/ The VA is legally REQUIRED to consider your flare-ups when rating your disability. Not your good days. Your WORST days. It's called DeLuca v. Brown. It's a 1995 court case from the Court of Appeals for Veterans Claims. And it could be the difference between a 10% rating and a 40% rating — over $6,000 per year for ONE condition. 🎯 Claims Strategy Services → https://claims.xterrahealth.com/claim... 📋 CLAIMS ROADMAP ($200): We review your conditions and identify whether your current ratings properly account for flare-ups — or whether you might be underrated. 🎤 C&P EXAM PREP ($200): Learn exactly how to communicate your flare-ups so the examiner documents what DeLuca requires. 💰 ROADMAP + C&P PREP BUNDLE ($300 — Save $100) 📋 Learn more about working with Xterra Health → https://xterrahealth.com/youtube/ DeLuca v. Brown was decided in 1995 by the Court of Appeals for Veterans Claims. THE RULING: When rating musculoskeletal disabilities, the VA CANNOT just look at your range of motion on the day of your exam. They MUST consider: ✅ Pain on movement ✅ Weakness ✅ Fatigue ✅ Incoordination ✅ Functional loss during FLARE-UPS Your rating has to reflect your ACTUAL functional impairment — not just what you can do on a good day in a doctor's office. ABOUT DR. MARSHALL BAHR & XTERRA HEALTH I'm Dr. Marshall Bahr — physician, Army Ranger (1st Battalion, 75th Ranger Regiment), Special Operations Combat Medic, disabled veteran, former C&P examiner. I've conducted C&P exams. I know what's supposed to happen — and I know what usually doesn't. DeLuca v. Brown requires examiners to consider flare-ups. Most don't. Now you know the law, and you know how to use it. At Xterra Health, we help veterans understand the legal standards that should be working in their favor — and fight back when they're ignored. OUR SERVICES: 📝 NEXUS LETTERS ($500/letter) Medical opinions that meet VA evidentiary standards. 97% first-time success rate. Free consultation. Free records review. 📋 CLAIMS ROADMAP ($200) Complete review of your conditions. We identify whether your current ratings properly account for flare-ups — or whether you're underrated. 🎤 C&P EXAM PREP ($200) Learn exactly how to communicate your flare-ups effectively so the examiner documents what DeLuca requires. 💰 ROADMAP + C&P PREP BUNDLE ($300 — Save $100) 📅 SCHEDULE YOUR FREE CONSULTATION: → https://schedule.xterrahealth.com/ 🎯 CLAIMS STRATEGY SERVICES: → https://claims.xterrahealth.com/claim... 🌐 Website: https://xterrahealth.com/ 📧 Email: [email protected] 📞 Phone: (220) 270-6090 📍 Instagram: / xterra.health 📍 TikTok: / xterra_health 📍 Facebook: / xterrahealth 🔔 SUBSCRIBE for the legal standards that win VA disability claims. 👍 LIKE if you learned something about DeLuca v. Brown. 📤 SHARE with any veteran who has flare-ups. 💬 DROP YOUR QUESTIONS IN THE COMMENTS: Did your C&P examiner ask about flare-ups? Did they estimate additional functional loss? Or did they just write "unable to estimate"? I read every comment. 🎬 WATCH NEXT: One of the biggest fears veterans have is whether the VA can REDUCE their rating. Watch my next video on the truth about VA rating reductions — including the protected ratings the VA can't touch → • 5 VA Disability Ratings the VA Can Almost ... ⚠️ DISCLAIMER: This video is for educational purposes only and does not constitute legal or medical advice. While I am a licensed physician and former C&P examiner, I am not YOUR provider unless we have established care through Xterra Health. DeLuca v. Brown (1995) and Mitchell v. Shinseki (2011) are real cases from the Court of Appeals for Veterans Claims that established legal requirements for considering functional loss during flare-ups. The application of these cases to individual claims depends on specific facts and evidence. VA disability rating criteria are established by 38 C.F.R. Part 4. The specific percentages and criteria mentioned are accurate as of this video's publication but may change. Always verify current rating criteria. For guidance on your specific VA claim, consult with a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO). #DeLucaVBrown #VADisability #FlareUps #VAClaimsLaw #CPExam #VADisabilityRating #MitchellVShinseki #MusculoskeletalVA #BackPainVA #KneePainVA #VeteransBenefits #VAClaimsTips #FormerCPExaminer #FunctionalLoss #RangeOfMotion #VAClaimsHelp #XterraHealth #ArmyRanger #VeteranAdvocacy #DisabledVeteran #VACaselaw #VAAppeals #SupplementalClaim #VAExamTips #VeteransHelpingVeterans

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