The Board erred when it denied the Veteran an increased rating for carpal tunnel syndrome and headaches.

The Board erred when it denied the Veteran an increased rating for carpal tunnel syndrome and headaches.

Summary:

Carpal Tunnel Syndrome:

The Board denied the Veteran an increased rating for her service-connected carpal tunnel syndrome and for her headaches.  In regards to the carpal tunnel syndrome, the Board failed to consider whether diagnostic code (DC) 8512 was applicable.  Importantly, in a previous joint remand, the Board was notified that it should address the applicability of DC 8512.

Headaches:

The Board also denied the Veteran a higher rating for her service-connected headaches.   The Bound found that the headaches were not very frequent, completely prostrating and prolonged attacks, productive of severe economic inadaptability.

Outcome:

The Court found that the Board clearly erred when it concluded that it substantially complied with the prior remand order despite not considering DC 8512 for the Veteran’s Carpal Tunnel Syndrome.  On remand, the Board must consider that diagnostic code.

The Court also found that the Board erred when it provided an inadequate statement of reasons or bases for its conclusion regarding the Veteran’s headaches.  The Board failed to consider favorable material evidence, or consider whether her headaches were capable of producing severe economic inadaptability.  On remand, the Board must consider all of the pertinent evidence and determine whether the Veteran’s disability is capable of producing severe economic inadaptability.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins

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