Board erred when it denied increased rating claims for IBS and foot disability for extraschedular referral

Board erred when it denied increased rating claims for IBS and foot disability for extraschedular referral

The Board denied extraschedular referral for IBS and a foot disability

CCK successfully appealed a Board decision that denied the Veteran extraschedular referral for irritable bowel syndrome (IBS) and a foot disability.  The Board found that the schedular rating criteria adequately contemplated the extent of each of those disabilities.  CCK argued that the Board’s explanation as to why extraschedular referral was unwarranted was inadequate.  The Court agreed with CCK’s argument.

The Court agreed with CCK’s argument

In agreement with CCK’s argument, the Court found that the Board’s reasons or bases for its decision were inadequate.  The Board simply recited the language of the respective diagnostic code.  It failed to provide any analysis as to how the Veteran’s individual symptomatology compared to the respective rating criteria.  Specifically, the Court found the Board failed to explain how the Veteran’s currently assigned rating contemplated the Veteran’s pain and limited mobility.  Additionally, the Board also failed to explain how the Veteran’s accidents associated with her IBS are contemplated by her currently assigned rating.  Accordingly, the Court vacated the Board’s decision and remanded the case for the Board to provide the necessary analysis.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins