Board erred in relying on an inadequate examination

Board erred in relying on an inadequate examination

CCK recently appealed a Board of Veterans’ Appeals decision that denied a veteran entitlement to service connection for a cervical spine disability.

Outcome:

The Court of Appeals for Veterans Claims agreed with CCK’s arguments that the VA examination only discussed direct causation and did not adequately address secondary service connection based on aggravation. The Court found that the examination’s lack of discussion of aggravation “imped[ed] the Board from rendering a fully informed decision.”  Due to the inadequate examination, the Court set aside and remanded the case.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins