Board Decision Fails to Analyze Veteran’s PTSD Symptoms

Board Decision Fails to Analyze Veteran’s PTSD Symptoms

Board Denies Veteran Increased Rating and Entitlement to TDIU for PTSD

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran a rating in excess of 30 percent for PTSD as well as entitlement to TDIU. In its decision, the Board relied on the examiners’ categorizations of the severity of the Veteran’s PTSD. It also provided an unclear and erroneously limited TDIU analysis.

CCK Successfully Argues that Board Failed to Provide Own Analysis of Veteran’s PTSD Symptoms

CCK argued, and the Court agreed, that the Board erred when it failed to provide its own analysis regarding the Veteran’s PTSD symptoms and instead “adopted wholesale” the examiners’ check marks as to the Veteran’s level of impairment. Because the Board failed to discuss and analyze the Veteran’s symptoms, remand was warranted. Additionally, the Court agreed that Board improperly denied TDIU because it failed to discuss all of the Veteran’s service-connected disabilities. Instead, it only considered the disability on appeal. However, TDIU requires an assessment of all of a Veteran’s service-connected disabilities, as well as the collective impact these disabilities have on employability. The Court vacated the Board’s decision and remanded the case back to the Board to reconsider the Veteran’s claim.

Category: Veterans Law, Court Wins