Board Fails to Provide Adequate Evidence for Denial of Disability Service Connection

Board Fails to Provide Adequate Evidence for Denial of Disability Service Connection

Service Connection Board Decision

CCK successfully appealed to the Court of Appeals for Veteran’s Claims a Board decision that denied a veteran entitlement to service connection for a left foot disability. In its decision, the Board found that the May 2012 was the most probative evidence of record and weighs against the Veteran’s claim.

Court Agrees with CCK Appeal

CCK argued, and the Court agreed, that the Board erred when it relied on an inadequate May 2012 medical opinion which required a chronic condition to have developed in service to deny the Veteran’s claim. The Court found that the Board failed to provide an adequate statement of reasons or bases for its determination that VA satisfied its duty to assist. The medical opinion relied on did not provide an opinion as to whether the current disability is related to his document in service foot injuries, nor did the Board discuss the evidence of record concerning direct service connection. The Court vacated and remanded the decision.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins