Case Wins

Agent Orange

• CCK settles case for Air Force veteran
• VA must assist veteran with claim based on Agent Orange exposure in Thailand
• Court rules veteran may be entitled to presumptive services connection due to herbicide exposure
• CCK secures settlement for veteran exposed to Agent Orange in Puerto Rico
• Board does not fulfill its duty to assist in herbicide exposure claim
• CCK successfully appeals Board decision to deny reopening veteran’s claim for service connection for melanoma
• CCK successfully appeals denial of service connection based on herbicide exposure in Thailand
• Court finds Board deviated from manual guidance in denial related to herbicide exposure in Thailand
• BVA denial of service connection for prostate cancer relied on insufficient efforts to verify herbicide exposure
• BVA wrongly denied service connection for high blood pressure, definitive proof not required in VA benefits cases
• BVA errs in denying service connection for pancreatic cancer as due to herbicide exposure
• Board erred in denying service connection for diabetes as due to Agent Orange exposure
• Denial of service connceiont for cause of death resulted from failure to consider exposure to herbicides
• Denial of Service Connection for Hypertension Secondary to Agent Orange Exposure Contained Legal Error
• Bladder Cancer & Benign Prostatic Hypertrophy due to Agent Orange Exposure Denial Contained Error 
• CCK’s Oral Argument at Federal Circuit Leads to Precedential Decision Regarding Herbicide Exposure in Thailand
• Court Agrees with CCK: Board Erred in Denying Service Connection for Hypertension as Due to Herbicide Exposure

TDIU

• CCK wins decision at CAVC clarifying Board’s duties in adjudicating veterans’ entitlement to TDIU
• The Board erred when it denied the veteran unemployability benefits
• CCK succesfully argues for a precedential decision about protected work environment
• Board must considere combined effects of disabilities on employability
• Flexible part-time work may not be substantially gainful employment
• Board fails to consider favorable meterial evidence & relies on inadequate exam in denial of increased rating for PTSD and TDIU
• TDIU denial ignored important evidence
• TDIU denial relied on insufficient and unexplained medical opinions
• TDIU Denial Contained Legal Error by the Board 
• CCK Successfully Argues for a Precedential Decision Regarding Increased Rating on an Extraschedular Basis  
• TDIU Cases & Sedentary Work: CCK Wins Precedential Case 
• Board Provided Inadequate Reasons and Bases when Denying TDIU on an Extraschedular Basis 
• Board Erred in Denying SMC Based on Need for Aid and Attendance
• CCK Wins Precedential Case Regarding TDIU: Court Interprets Meaning of Substantially Gainful Employment
• Board Erred When It Denied an Increased Rating for Carpal Tunnel Syndrome and Found it Lacked Jurisdiction Over TDIU Claim
• CCK Argues Against Board Denial of TDIU Prior to December 2012, Court Agrees and Remands
• Board Did Not Take Veteran’s Relationships Into Account in Denial of Increase for PTSD, TDIU Found to Be Raised by Record
• CCK Successfully Argued that Board Failed to Explain Reliance on Inadequate Exam in TDIU Denial
• Board failed to consider veteran’s educational and occupational history in denial of TDIU
• Board Erred in Denying TDIU and Service Connection for Right Shoulder Condition
• Board Denial of TDIU Lacked Adequate Reasons or Bases
• CCK Successfully Argues that BVA Failed to Provide Adequate Reasons and Bases in TDIU Denial
• CCK Successfully Argues that Board Denial of TDIU Lacks Sufficient Reasons and Bases
• Court Agrees with CCK: Board Failed to Explain Meaning of Sedentary Work in TDIU Denial
• CCK Successfully Argues that Board Denial of TDIU and PTSD Contained Legal Error
• Board Failed to Address Favorable Evidence in TDIU Denial
• CCK Successfully Argues Board Failed to Define Sedentary Employment in TDIU Denial
• Board Erred in Failing to Address TDIU Prior to 2010, Court Finds
• Board Neglected to Define Mental and Non-exertional Requirements for Substantially Gainful Employment in TDIU Denial
• Court Vacates and Remands Board’s Decision to Deny Increased Rating for PTSD and TDIU
• CCK Argued the Board Did Not Consider Marginal Employment when Denying TDIU Prior to 2015, Court Agreed
• Board Accepted Examiner’s Conclusions About Veteran’s Capability to Do Sedentary Work and Failed to Provide Explanation of Term
• CCK Successfully Argued the Board Failed to Define Substantially Gainful Employment in TDIU Denial
• Board Denial of TDIU Lacked Adequate Reasons and Bases, CCK Argued
• Board Failed to Support Its Conclusion Regarding Entitlement to TDIU Prior to 2012
• Board Incorrectly Concluded Veteran Remained Productive After Retirement in Denying Earlier Effective Date for TDIU
• Board Improperly Determined Veteran Could Secure Substantially Gainful Employment in Denying TDIU
• CCK Secured Remand from Court for TDIU: Board Failed to Provide Standard for Substantially Gainful Employment
• Board Failed to Address Whether Veteran’s Employment was Protected Work Environment in Denying TDIU
• Board Relied on the Fact That Veteran Hadn’t Been Terminated to Deny TDIU, Court Remanded
• Board Failed to Adequately Address Combined Effect of Service-Connected Conditions in Denying TDIU

PTSD, MST, Mental Health

• CCK wins precedential case that will help veteran sexual assault survivors
• CCK wins precedential decision
• Board’s denial of higher rating for PTSD failed to consider all evidence of record
• Board erred in denial of increased rating for PTSD and in finding that TDIU was not raised by record
• CCK succesfully appeals rating for service connected PTSD
• CCK succesfully appeals Board denial of service connection for hypertension as secondary to service-connected PTSD
• Court finds Board failed to consider anxiety disorder symptoms
• Denial of increased rating for psychiatric disability contained error
• Inaccurate VA examinations used to deny increased rating for PTSD
• Increased rating for PTSD denial contained legal error
• Increased rating for PTSD denial premised on incorrect rating criteria
• Board was wrong to conclude unit morning reports would not be helpful in verifying veteran’s stressor
• Denial of TDIU rested on inadequate reasons and bases and ignored favorable evidence of PTSD symptoms
• PTSD symptoms not fully analyzed by Board, Court finds
• BVA denies veteran major depressive disorder based on inadequate medical rationale
• BVA overlooked impaired impulse control in denial of PTSD claim
• The Board erred when it denied service connection for an acquired psychiatric disability
• CCK Argues Against Board Denial for Increased Rating for PTSD
• Board Commits Legal Error in Denying Service Connection for Psychiatric Condition
• Board Failed to Explain Treatment of Conflicting Evidence in PTSD Denial
• Board Lacks Adequate Reasons and Bases in Denying SMC A&A Based on PTSD Alone 
• Board Erred in Denying Service Connection for TBI Residuals and Psychiatric Condition 
• Court Agrees with CCK: Board Denial of Increased Rating for Bipolar Disorder and TDIU Contained Legal Error
• CCK Wins Precedential Decision Regarding PTSD and TDIU 
• Board Fails to Discuss Prior Diagnoses of Psychiatric Condition in Denying Service Connection
• Board Erred in Denying Service Connection for Veteran’s Psychiatric Condition and Seizure Disorder
• Board’s Denial of Increased Rating for PTSD Relied on Inadequate Reasons and Base
• Board Did Not Consider Veteran’s Symptoms in Denial of Increased Rating for PTSD
• CCK Successfully Argues that Board Relied on Inadequate VA Exams in Denial of Service Connection for Psychiatric Disability
• CCK Argued that Board Failed to Take Veteran’s Suicidal and Homicidal Ideation into Account in PTSD Rating Denial
• CCK Successfully Argues that Board Erred in Denial of Increased Rating for PTSD
• Board Fails to Adequately Analyze PTSD Symptoms, Court Finds
• Board Fails to Discuss Favorable Evidence in Denying an Increased Rating for a Psychiatric Condition
• Board Erred in Denial of Increased Rating for Dysthymic Disorder, Court Finds
• CCK Successfully Argues that Board Misapplied the Law in Denying an Increased Rating for PTSD
• Board Failed to Consider All Symptoms in PTSD Denial
• Board Overlooked Favorable Evidence in Denial of Increased Rating for PTSD
• CCK Successfully Argues Board Failed to Comply with Remand Instructions in Denying Service Connection for Acquired Psychiatric Disorder
• Board Incorrectly Favored Medical Evidence Over Lay Evidence in Denial of Increased Rating for PTSD
• Board Incorrectly Relied on its Own Medical Judgment to Deny Increased Rating for PTSD
• CCK Successfully Argued the Board Erred in Denying Service Connection for Psychiatric and Back Conditions
• Board Failed to Consider Veteran’s Numerous Psychiatric Diagnoses in Denying Service Connection
• Court Finds the Board Provided Inadequate Reasons or Bases for Denying Increased Rating for PTSD and TDIU
• Board Failed to Discuss Veteran’s Occupational and Social Impairment in Denying Higher Rating for PTSD
• Board Misapplied Rating Criteria to Deny PTSD Rating in Excess of 30 Percent
• Board Improperly Relied on Lack of In-service Diagnosis in Denying Service Connection for Psych Condition
• Board Failed to Distinguish Between 30 and 50 Percent Ratings for Depression
• Board Improperly Exercised Medical Judgment to Reject Veteran’s Diagnoses of PTSD and Adjustment Disorder
• Board Denial of Higher Staged Ratings for PTSD Contained Legal Error
• Court Concluded the Board Erred in Failing to Require Rationale for Examiner’s Opinion of Service Connection for PTSD
• CCK Secures Remand from Court for Increased Rating for Veteran’s PTSD
• Board Decision Denying Service Connection for Psychiatric and Migraine Conditions Contained Legal Error
• CCK Successfully Argued for Remand in Veteran’s Case Regarding Increased Rating for PTSD
• Board Imposed Overly Stringent Standard for Higher Rating for PTSD, CCK Argued
• CCK Secures Remand After Board Improperly Concluded Veteran Did Not Have Psychiatric Disorder Other Than Personality Disorder
• Board Denial of PTSD Rating Greater Than 10% Contained Legal Error
• CCK Successfully Argued the Board Did Not Discuss Favorable Evidence in PTSD Claim
• CCK Secured Remand: Court Disagreed with Board’s Denial of TDIU and PTSD
• Court Remanded Veteran’s PTSD Claim for Board to Determine if Increased Rating is Warranted
• CCK Made Multiple Arguments in Support of Service Connection for Veteran’s Psychiatric Condition; Court Agreed
• Board Improperly Relied on Nonexistent Qualifiers to Deny Higher Rating for PTSD

Ratings

• CCK Court win will help many veterans obtain more compensation
• Board erred in denying PGW Vet separate disability ratings
• The Board erred when it denied the veteran an increased rating for carpal tunnel syndrome and headaches
• Court orders reinstatement of veteran’s rating after Board decision
• Board must consider evidence of the combined effects of veteran’s service connected disabilities to determine necessity of extraschedular consideration
• Board errs in denying higher rating and referral for extraschedular consideration for veteran’s peripheral neuropathy
• Ankle disability denial failed to consider difficulty with walking & standing
• Diabetic neuropathy denial used incorrect ratings
• Headaches denial didn’t fully evaluate evidence
• Board erred in denial of increased rating for headaches
• Prostatitis denial contained legal error by the Board
• “Other related factors” must be considered in extraschedular analysis
• Hyperkeratosis increased rating denial contained legal error
• Thrombosis denial contained legal error by the BVA
• Peripheral neuropathy denial did not provide adequate explanation
• Board failed to consider veteran’s vertigo, dizziness in denial of extraschedular consideration
• Board erred when it relied on veteran’s employment to deny extraschedular rating for service-connected ankle disability
• Denial of increased rating for right knee disability contained legal error
• Court reverses Board’s denial of earlier effective date for herpes progenitalis
• BVA provided inadequate reasons as to how veteran’s conditions were contemplated by IBS rating
• Board erred when it failed to compare veteran’s asthma symptoms to rating schedule
• BVA denial of an increased rating for rhinitis relied on inadequate reasons or bases
• Board erred in denying a compensable rating for hemorrhoid condition
• BVA erroneously denies extraschedular consideration of bilateral hearing loss and tinnitus
• BVA ignores competent statements, errs in denying a higher rating for migraine headaches, bilateral ankle disability
• BVA used inadequate VA exam to deny higher rating for cervical spine disability
• Denial of increased rating for bipolar disorder lacked adequate reasons or bases
• BVA erred in its denial of veteran’s increased rating claim for headache condition
• Board denies a higher rating for upper extremity condition, fails to provide reasons for choice of diagnostic code
• Board erred when it denied extraschedular referral for veteran’s shoulder condition
• BVA decision that wrongly denied claim for low back disability relied on inadequate consideration of functional loss
• BVA relied on unsubstantiated medical opinion to wrongly deny increased rating for epiphysitis of the lumbar spine
• Board erred when it denied service connection for sleep apnea and increased rating for gastroparesis
• Denial of sinusitis disability lacked adequate reasons or bases
• Diabetes denial missed key VA regulation
• CCK Wins for Veteran after VA Files for Reconsideration
• Board Denial of Increased Rating for Headaches Contained Legal Error
• Board Misinterprets Applicable Laws in Denying an Increased Rating and Temporary Total for GERD 
• Board Erred in Denying Higher Initial Rating for Veteran’s Headache Condition 
• Court Finds Legal Error in Board’s Decision Denying Increased Ratings for Veteran’s Radiculopathy of the Bilateral Lower Extremities 
• CCK Successfully Argues Against Board Decision Denying Compensable Rating for Costochondritis 
• Board Denied Increased Ratings for Headache and Cervical Spine Conditions, CCK Successfully Appealed 
• Board Relies on Inadequate Reasons and Bases to Deny Increased Rating and SMC for Radiculopathy
• CCK Successfully Argues Against Board Denial of Increased Rating for IVDS
• Board Improperly Denied Compensable Rating for Veteran’s Right Leg Fracture Residuals
• Irritable Bowel Syndrome (IBS) Denial Fails to Explain Meaning of Rating Criteria 
• CCK Wins For Veteran, Board Must Define “Prostrating” For Headaches Condition
• Court Remands Increased Rating for Bilateral Knees due to Inadequate Exam
• Court Agrees that VA Improperly Denied Increased Rating for Bilateral Ankles, Citing Evidence of Ankylosis
• Board Ignores Competent Statements, Errs in Denying an Initial Compensable Rating for Right Foot Injury
• Board Improperly Applies Regulations, Errs in Reducing Rating for Hearing Loss and Denying TDIU
• Board Denial of Increased Rating for Headaches Contained Legal Error
• Board Improperly Denied Separate Rating for Veteran’s Bilateral Knee Condition, Court Finds
• BVA Ignored Lay Evidence in Denying Higher Rating for Left Knee Condition
• Board Misinterpreted the Law in Denying Higher Rating for Veteran’s Knee Condition
• CCK Argues Board Failed to Consider Favorable Evidence in Denying Increased Rating for Veteran’s Headaches, Court Agrees
• Board Denial of Increased Ratings for Headaches and Low Back Condition to Include TDIU Contained Legal Error
• CCK Argued Against Board Denial of Separate Rating for Knee Condition, Court Agreed
• CCK Argued the Board Misinterpreted and Misapplied the Law in Denying Increased Rating for Foot Condition, Court Agreed
• CCK Successfully Argued the Board Failed to Explain Mild or Moderate When Rating the Veteran’s Neuropathy
• Board Incorrectly Determined the Veteran Withdrew Increased Rating Claim for Headaches
• Board Failed to Adequately Explain Why Treatment Records Did Not Support a Higher Rating for Veteran’s Headaches
• Board Failed to Adjudicate the Issue of a Temporary Total Rating Following Veteran’s Heart Surgery
• CCK Successfully Argued for Remand in Veteran’s Case Involving Increased Rating for Low Back Condition
• Board Denial of Increased Ratings for Left Elbow, Right Finger, and Hookworm Disabilities Contained Legal Error
• CCK Argued VA Examinations Were Inadequate to Rely on When Denying Increased Ratings for Veteran’s Orthopedic Conditions, Court Agreed
• Board Failed to Consider Applicability of Proper Diagnostic Codes in Denying Increased Rating for Carpal Tunnel Syndrome
• Court Agreed with CCK: Veteran’s Sitting, Sleeping, and Standing Impairments Were Not Contemplated in Disability Rating for Back Condition
• Board Erred in Denying Increased Ratings for Veteran’s Headaches and Hand Tremors
• CCK Argued for Reversal of Board’s Decision Upholding Rating Reduction of Veteran’s Knee Rating
• CCK Argued Board Relied on Inadequate Examination to Deny Increased Ratings for Low Back Condition, Court Agreed
• Board Disregarded Veteran’s Lay Statements, Relied on Range of Motion Measurements to Deny Higher Rating for Right Shoulder
• Board Failed to Investigate Whether Veteran’s Dizziness Warranted Extraschedular Consideration for Hearing Loss
• CCK Successfully Argued Board Failed to Consider Veteran’s Poor Social Interactions When Assigning Hearing Loss Rating

Other Wins

• CCK Successfully Substituted Sister-in-Law into Case Before Court of Appeals for Veterans Claims
• Board Erred in Denying Gulf War Vet Service Connection for Insomnia Disorder Based on Pyramiding
• CCK Successfully Argues that Board Erred in Denial of Service Connection for Squamous Cell Carcinoma
• CCK Argues that Board Denied Sleep Apnea based on Inadequate Exam
• Board Erred in Determination of No New and Material Evidence for Inguinal Hernia Claim
• Paruresis Denial Contained Legal Error by the Board 
• Asthma Denial Contained Legal Error by the Board, Court Finds 
• Board Erred in Relying on Inadequate Exam for Gout 
• CCK Argues that Board Overlooked Evidence in Denial of Multiple Persian Gulf War Issues 
• Skin Cancer Denial Contained Legal Error
• Board Fails to Provide 90 Days After Court’s Decision, CCK Presents Oral Argument
• Board Erred in Denying Widow Service Connection for Veteran’s Cause of Death 
• CCK’s Oral Argument Leads to Precedential Decision for Gulf War Veterans
• CCK Successfully Argues for Reversal of the Board’s Presumption of Soundness Determination 
• Board Erred in Determining Veteran Lacks New and Material Evidence to Re-Open Vertigo Claim 
• Board Erred in Denying Secondary Service Connection for Orthopedic Claims, Court Finds 
• Board Erred in Denial of Service Connection for Hepatitis C, Non-Hodgkin’s Lymphoma, and Diabetes
• CCK Successfully Argued for Remand from Court in Case Involving Gulf War Illness
• Board’s Double Denial of Veteran’s Heart Condition Claims Contained Legal Error 
• Board Erred in Denying Service Connection for Obstructive Sleep Apnea as Secondary to Asthma 
• Secondary Service Connection for Hepatic Steatosis Reasonably Raised by the Record: CCK Successfully Argues 
• CCK Argues the Board Erred in Determining the Presumption of Soundness was Rebutted 
• Board Relied on Inadequate VA Examinations to Deny Veteran’s Claims, Court Finds
• Board Incorrectly Applied Presumption of Soundness When Denying Service Connection for Respiratory Disability Other Than Pneumonia
• CCK Successfully Argues on Behalf of Appellant Seeking Service Connection for Late Veteran’s Ischemic Heart Disease 
• Board Decision Denying Service Connection for Vertigo and Increased Rating for PTSD Relied on Inadequate Examinations
• Court Relies on Saunders to Remand the Board Decision Denying Service Connection for Veteran’s Back Condition
• Board Denial of Service Connection for Pes Planus Failed to Consider Theory of Aggravation
• Board Misapplied the Law Regarding Presumption of Soundness When Denying Veteran’s CUE Claim
• Board Denial of Service Connection for Cause of Death Contained Legal Error
• Board Erred in Denying Service Connection for Recurring Joint Pain Related to Veteran’s Gulf War Service
• Board Committed Legal Errors When Denying Service Connection for Numbness of the Hands and Fingers
• CCK Secures Service Connection for Retinitis Pigmentosa in CUE Claim Dating Back to 1981
• Board Incorrectly Denied an Earlier Effective Date for Service Connection for Veteran’s Cause of Death
• CCK reverses Board’s decision on behalf of Air Fore vet
• Court remands extraschedular rating under 38 C.F.R. 3.321(B)(1) and Board grants a 100% rating
• Relying on an inadequate VA exam, Board erred when it denied an increased rating for a low back disability
• The Board erred when it denied referral for extraschedular consideration
• CCK succesfully appeal a Board decision to deny higher rating for service-connected low back disability
• Board relies on inadequate VA examinations to deny veteran a higher rating for knee disability
• Board fails to account for effect of knee disability on veteran’s weight in decision to award extraschedular rating
• Board errs in denying higher ratings for low back disability and sciatica
• Board uses insufficient exam to deny service connection for arthritis in the foot
• Denial of extraschedular rating for bilateral hearing loss failed to recognize all symptoms
• Foot condition denial contained legal error, Court finds
• Ankle disability denial contained legal error, Court finds
• CCK successfully appeals Board decision to deny extraschedular referral
• Bilateral knee disability denial contained error by BVA
• Low back condition denial relied on inadequate exam
• Hearing loss denial contained legal error by BVA
• Extraschedular referral for back disability denial contained legal error
• Board failed to consider social impact of service-connected hearing loss
• Board failed to consider the combined effect of bilateral hearing loss and tinnitus
• Court agrees with CCK that the Board committed error
• Board erred when it failed to properly consider extraschedular evaluation
• Hemorrhoids denial contained legal error by BVA, Court finds
• Board failed to explain extraschedular referral denial for bilateral hearing loss
• Board provided an inadequate statement of reasons or bases for denying a separate rating for knee instability
• Court finds errors in denials of increased rating for left ankle disability and TDIU
• Bilateral knee condition denial contained legal error, Court finds
• Board’s denial to refer non-compensable rating for extraschedular consideration contained legal error
• Board erred in denial of increased ratings for knee disabilities
• Earlier effective date denial by BVA contained legal error
• BVA denies increased rating for left foot disability based on inadequate consideration of symptoms
• BVA errs in denial of increased rating claim for veteran’s cervical spine disability
• Board erred when it denied extraschedcular referral for lower back disability
• Board denies higher rating for veteran’s hearing disability, fails to discuss combined effects of all conditions
• Board finds veteran’s sciatica radiculopathy “mild”, fails to provide reasoning
• Board dismisses favorable evidence, wrongly denies the veteran an increased rating for a lumbar spine disability
• Board erred when it denied a compensable rating for bilateral hearing loss
• BVA wrongly denies veteran’s claim, continues noncompensable rating for bilateral hearing loss
• Denial of extraschedular consideration for service-connected hearing loss relied on inadequate discussion
• BVA errs in denial of a higher rating for bilateral hearing loss on an extraschedular basis
• Denial of increased rating for hearing loss relied on inadequate examination
• Board denied referral for extraschedular rating for hearing loss
• Favorable evidence not considered by Board in denial of increased rating for PTSD
• The Board erred when it denied a veteran an increased rating for PTSD for two time periods on appeal
• Board committed multiple errors in denial of service connection for a psychiatric disorder
• CCK succesfully appeals rating for service-connected PTSD
• Court remands Board’s deciision for service-connected PTSD
• Board erred in denial of increased rating for PTSD
• Denial of increased rating for PTSD contained legal error
• Board ignored favorable evidence in PTSD denial
• Board errs in denial of increased rating for PTSD
• Board overlooked evidence in denying earlier effective date for PTSD rating
• Board relies on faulty reasoning in denying benefits for PTSD
• Board erred in denying a higher rating for veteran’s PTSD
• Board erroneously denies veteran increased rating in excess of 10% for PTSD, provides inadequate reasons and bases
• BVA wrongly denies increased rating for PTSD disability based on inadequate reasons or bases
• BVA denies increased ratings for PTSD based on inadequate reasons or bases
• The Board erred when it rejected this Thailand veteran’s lay testimony which placed him near the base perimeter
• Board’s glaucoma denial contained legal error
• Denial of referral for extraschedular consideration for diabetes was premature
• In denial of Individual Unemployability, Board failed to provide adequate statement of reasons and bases
• Increased rating for PTSD and TDIU denial based on faulty reasoning
• CCK Successfully Argues Board Did Not Provide Adequate Reasons and Bases for Extraschedular Denial for Back Disability
• CCK Successfully Argued Veteran Entitled to Separate Ratings for Metatarsalgia and Tendinitis
• Board Denial for Bilateral Knees Did Not Address Favorable Evidence from Service
• Board of Veterans’ Appeals Denial for Increased Rating for Left Knee Relied on Inadequate VA Examination
• Board Failed to Satisfy Duty to Assist in Denying Service Connection for Low Back and Left Knee Disorder
• Court Agreed with CCK that Board Relied on Exam Previously Found to Be Inadequate in Denial for Increased Rating for PTSD
• Court Agrees with CCK that Board Relied on Inadequate Exams in Denial of Bilateral Ankle Condition
• Board Failed to Consider Aggravation in Veteran’s Appeal for Service Connection for Right Elbow Condition
• Board Fails to Adequately Address Left Shoulder Symptoms, Court Finds
• Board Ignores Favorable Medical Records in Denying Service Connection for Right Ankle Disability
• CCK Successfully Argued for Reversal of Factual Finding in Hearing Loss Case
• Board Gave Inadequate Reasons for Finding Veteran’s Reports of Continuity of Symptomatology Not Credible
• Court Agrees with CCK: Board Provided Inadequate Reasons and Bases in Denying Service Connection for Hearing Loss and Tinnitus
• CCK Argues Board Failed to Comply with Remand Instructions, Court Agrees
• Board Denial of Plantar Fasciitis Contained Legal Error
• Board Failed to Address Aggravation in Denying Secondary Service Connection for Right Knee Disability
• Board Erred in Determining Veteran’s Headaches Did Not Produce Severe Economic Inadaptability
• Board Denial of Increased Rating for Headaches and Separate Rating for Speech Impairment Contained Legal Error
• CCK Successfully Argues Board Failed to Ensure Substantial Compliance with Remand Instructions in Denying Service Connection for Orthopedic Conditions
• Board’s Credibility and Competency Findings Were Clearly Erroneous, Court Finds
• Board Failed to Ensure Duty to Assist was Satisfied in Denial of Service Connection for Orthopedic Conditions
• Court Remands Board Decision Denying Service Connection for Multiple Conditions
• CCK Successfully Argued the Board Overlooked Service Connection Based on Aggravation for Hypertension and Sleep Apnea Claims
• Board Made Bad Credibility and Competency Findings When Denying Service Connection for Right Knee and Right Ankle Disabilities
• Court Agreed with CCK: Board Misapplied Rating Criteria and Ignored Favorable Evidence
• CCK Successfully Argued the Board Failed to Satisfy its Duty to Assist in Veteran’s Service Connection Claims
• Board Provided Inadequate Reasons or Bases for Relying on Medical Opinion to Deny Service Connection for Low Back Condition
• Court Concluded Board’s Reliance on Absence of Evidence to Deny Service Connection for Back Condition was Unsupported and Unexplained
• Board Ignores Combat Presumption When Denying Service Connection for Carpal Tunnel
• CCK Successfully Argued Board Erred in Denying Service Connection Based on Aggravation for Right Knee Condition
• Board Wrongly Denied Compensable Rating for Headaches Prior to 2008, CCK Argued
• CCK Argued Board Improperly Rejected Veteran’s Statements Regarding Continuity of Symptomatology, Court Agreed
• CCK Secures Remand for Late Veteran’s Spouse Seeking Accrued Benefits for Right Knee Condition
• Court Remanded Veteran’s Claims for Service Connection for Knees, Back, and Sleep Apnea
• Board Failed to Investigate Whether Hearing Loss-Related Impairments Were Ratable Under Alternative Schedular Means
• CCK Secured Remand Following Board Denial of Service Connection for Low Back Condition
• Court Concluded the Board Overlooked Veteran’s Non-Headache Symptoms When Assigning Disability Rating
• Board Denial of Service Connection for Erectile Dysfunction Secondary to Diabetes Contained Legal Error