Board committed legal error in its decision denying service connection for arthritis

Board committed legal error in its decision denying service connection for arthritis

Summary:

The Court vacated the Board’s decision denying the Veteran’s claim for service connection for arthritis in his hand.  The Veteran contended that the arthritis was caused by exposure to cold while working with ungloved hands during service. He also had demonstrated continuous symptoms of his condition since service.

Outcome:

The Court found that the Board mischaracterized the Veteran’s condition as rheumatoid arthritis despite past diagnoses of osteoarthritis.  The Court also found that the Board’s failure to consider the Veteran’s asserted theory of in-service cold exposure as the cause deprived him of potentially beneficial VA provisions concerning cold injury.  As a result, the Court remanded the claim for the Board to readjudicate the issue of service connection, directing it to consider whether a new medical examination was needed to properly decide the Veteran’s claim.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins