Board erred in decision regarding a left knee disabiliy when it remanded TDIU but failed to refer for extraschedular consideration

Board erred in decision regarding a left knee disabiliy when it remanded TDIU but failed to refer for extraschedular consideration

CCK successfully appealed a Board of Veterans’ Appeals decision that denied the Veteran an increased rating for a left knee disability, remanded TDIU, and failed to refer the issue of extraschedular consideration.  The Court agreed with CCK’s arguments that the Board erred when it remanded TDIU but failed to refer the issue of extraschedular consideration.  The Board cannot properly assess whether the Veteran’s disability picture is exceptional unless it has a full and complete picture of his left knee disabilities.  The Court found that “remand is required for the Board to ensure that [TDIU and his left knee disability} are adjudicated together and with a full assessment.”  The Court vacated the Board’s decision and remanded the case.

Category: Veterans Law, Court Wins

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