Board committed legal error in denying an increased rating for PTSD

Board committed legal error in denying an increased rating for PTSD

CCK successfully appealed the Board’s denial of an increased rating in excess of 30% for the Veteran’s PTSD.  The Board failed to properly consider whether the Veteran’s PTSD had materially worsened since his last VA examination.  The Board also failed to consider whether a new VA examination was warranted.

Outcome:

The Court agreed that the Board had failed to adequately explain its findings and remanded the case back to the Board for further proceedings.

Read the Court’s decision here.

Category: Veterans Law, Court Wins