The Board Erred In Denying The Veteran An Increased Rating For Depression
The Board denied the Veteran a rating in excess of 50 percent for his service-connected major depressive disorder because it determined that a VA medical opinion attributed his more severe symptoms to non-service-connected dementia. CCK argued that the Board misread the medical opinion, which actually said the Veteran’s more severe symptoms could be attributed to either his depression or dementia. The Court found that the Board failed to adequately explain its determination that the Veteran’s symptoms were more likely due to his dementia, and remanded the case for further adjudication.
To read the Court's decision, click here.