Board committed legal errors in denial of increased rating for right heel condition

Board committed legal errors in denial of increased rating for right heel condition

BVA denied increased rating for right heel condition

The Board denied the Veteran a rating higher than 20% for a right heel condition (calcaneal bursitis with calcaneal spur).  On appeal, CCK argued that the Board committed several legal errors in its decision.  The Board did not explain why symptoms including constant pain and abnormal weight bearing did not indicate a severe disorder so as to warrant a 30% rating under 38 C.F.R. § 4.71a (diagnostic code 5284).  The Board also failed to say why corticosteroid injections, weakness, and limited motion did not demonstrate a severe level of disability.  Additionally, the Board did not provide support for its implication that an examination indicated the disorder was less than severe simply because the examiner did not comment on its severity.

Court vacates the Board’s decision

Accordingly, the Court vacated the Board’s decision and remanded the case back to the Board.  In light of these errors, the Board must weigh all of this evidence again and provide a proper analysis as to whether a higher rating is appropriate for the right heel condition as a result.

To read the Court’s decision, click here.

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