Board erred in denial of increased rating for PTSD & in its failure to adjudicate TDIU

Board erred in denial of increased rating for PTSD & in its failure to adjudicate TDIU

Board denied an increased rating for PTSD

CCK successfully appealed a Board decision that denied the Veteran an increased rating for PTSD and failed to adjudicate the issue of TDIU.  CCK argued that the Board erred by failing to discuss whether evidence of hallucinations warranted a 70% disability rating in light of the severity, frequency, or duration of such symptoms.  Hallucinations are a symptom enumerated within VA’s 70% rating criteria for mental health disorders.

Board failed to adjudicate the issue of TDIU

In regards to the issue of TDIU, CCK argued that the Board clearly erred when it referred entitlement to TDIU rather than adjudicating it as a part of the PTSD claim on appeal or, alternatively, remanding the issue.

The Court agreed with CCK

The Court agreed with CCK’s arguments, noting that the Board acknowledged the reported hallucinations but failed to adequately explain why it denied the Veteran a rating in excess of 50%.  The Court also held that the Board again provided an inadequate statement of reasons or bases, frustrating the Court’s review and requiring remand.

To read the court’s decision, click here.

Category: Veterans Law, Court Wins