The Board Applied The Wrong Standard To An Increased Rating For Posttraumatic Stress Disorder

The Board Applied The Wrong Standard To An Increased Rating For Posttraumatic Stress Disorder

CCK won a case in the Court of Appeals for Veterans Claims in which the Board had denied the Veteran an increased rating for his service-connected PTSD. The Court held that the Board, in denying the Veteran an increased rating for his PTSD, conflated the standards for evaluating mental disorders as described in Vazquez-Claudio v. Shinseki, 713 F.3d 112, 117 (Fed. Cir. 2013), and Mauerhan v. Principi, 16 Vet.App. 436, 442 (2002). The Court found more than five errors in the Board’s decision and ultimately concluded that the Board’s “decision is difficult to review.” The Court vacated the Board’s decision and remanded the appeal for further proceedings consistent with the Court’s decision.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins