CCK Successfully Argues that Board Relies on Inadequate VA Examination to Deny Higher Ratings for Left Knee and Low Back Disability
Board Finds Evidence to Support Decision to Deny Higher Ratings for Left Knee and Low Back Disability
CCK successfully represented a veteran in an appeal to the Court of Appeals for Veterans Claims from a Board of Veterans’ Appeals decision that denied him higher ratings for his service-connected low back disability and left knee disability. The Board found that the evidence did not demonstrate the need for higher ratings and that VA provided the Veteran with adequate VA examinations.
Court Agrees with CCK that the VA Examination Lacked Critical Information Regarding Both Disabilities
On appeal, the Veteran argued that the Board erred in relying on the VA examinations because they did not contain the necessary information. The Court agreed with the Veteran’s attorneys. Specifically, the Court held that the examiner’s finding as to the left knee that the Veteran “flexes with difficulty 90 degrees” did not indicate where pain began in the range of motion. The Court similarly found that the examiner’s statement about the Veteran’s low back condition that he “flexes 40 degrees and stops with pain” also lacked the necessary information as to where pain started in the range of motion. Hence, the Court remanded the case back to the Board with instructions for it to seek clarification of the examination.
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