Board erred in relying on inadequate medical opinion to deny service connection

Board erred in relying on inadequate medical opinion to deny service connection

Board denied service connection based on medical opinion

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran service connection for his right hip disability.  The Board denied service connection based on a medical opinion which found the Veteran’s in-service pelvis fracture did not cause or aggravate his right hip disability.  CCK argued, and the Court agreed, that the Board relied on an inadequate medical opinion.

Court finds Board relied on inadequate medical opinion

The opinion was insufficient because it did not provide a rationale to support its conclusions.  Additionally, the Court agreed that the Board erred when it failed to consider other service-related causes for his disability.  Specifically, the Board failed to consider whether the Veteran’s hip disability was caused or aggravated by his service-connected back disability.  The Court vacated the Board’s decision and remanded for proceedings consistent with its decision.

To read the Court’s decision in this appeal, click here.  

Category: Court Wins