Board Errs in Denying Veteran Increased Rating on an Extraschedular Basis

Board Errs in Denying Veteran Increased Rating on an Extraschedular Basis

Board Decision Denies Veteran Increased Rating on an Extraschedular Basis

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran increased ratings for his bilateral ankles on an extraschedular basis. In its decision, the Board found the medical evidence to be more probative than the lay evidence of record.

Court Agrees with CCK that the Veteran was Competent to Report the Severity and Nature of His Symptoms

CCK argued, and the Court agreed, that the Board erred when it failed to explain its basis for dismissing potentially favorable lay evidence. The Court held that the Board provided inadequate reasons or bases for its decision because the Veteran was, contrary to the Board’s finding, competent to report the severity and nature of his symptoms, especially in light of the language of diagnostic code 5271 which does not require specific range of motion measurements or medical definitions to assign appropriate ratings. The Court vacated the Board’s decision and remanded the case back to the Board to consider the scope of the Veteran’s claim.

Category: Veterans Law, Court Wins