Agent Orange
TDIU
PTSD, MST, Mental Health
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
- Board Failed to Consider Existing Case Law on Veteran’s Increased Rating Claim
- Board Provided Inadequate Reasons or Bases for Denying Increased Rating for Radiculopathy
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
- Board Erred in Denying Service Connection for Veteran’s Paget’s Disease & Low Back Condition
- CCK Successfully Appealed BVA’s Denial of Veteran’s Request to Reopen Claim for Hypertension
- Board Fails to Discuss the Issue of Aggravation in Denying Service Connection for Lung Disorder
- CCK Argues for Remand from Court Following Board Denial of Service Connection for Cause of Death
- Multiple Sclerosis Denial by BVA Contained Legal Error
- CCK Successfully Appeals Denial of Service Connection to Obstructive Sleep Apnea
- Board Improperly Denied Service Connection for Prostate Cancer Based on Camp Lejeune Contaminated Water Exposure
- Board Denial of Claims Related to Chemical Exposure Contained Legal Error
- CCK Successfully Argues Board Error in Sleep Apnea (OSA) Case
- CCK Successfully Argues Against Board Denial of VA Benefits for Parkinson’s Disease
- Board Erred When it Did Not Consider Exam Showing Use of Assistance Devices
- Board’s Reasons or Bases Were Inadequate in Denying Veteran Earlier Effective Date for Cold Injury Residuals