Board erred when it prematurely denied referral for extraschedular consideration for coronary artery disease

Board erred when it prematurely denied referral for extraschedular consideration for coronary artery disease

CCK recently appealed a Board decision that denied a Veteran entitlement to an extraschedular rating for his coronary artery disease.  The Board remanded other claims for further development, but denied extraschedular referral for coronary artery disease (CAD).  CCK argued that the Board failed to provide adequately explain why it denied the referral.

Court agrees that Board committed error in denying referral for coronary artery disease

The Court agreed with CCK’s arguments that the denial was premature as the record was incomplete.  The Court found that because the Board had remanded the other claims for further development that may yield more information regarding the effects of his disabilities on his employment, it was unclear why the Board did not remand the issue of CAD as well.  Thus the Court vacated the Board’s decision and remanded the case for readjudication.

Category: Veterans Law, Court Wins