Board Failed To Assess All Evidence, Prematurely Denied Referral For Extraschedular Consideration

Board Failed To Assess All Evidence, Prematurely Denied Referral For Extraschedular Consideration

CCK recently appealed a Board of Veterans’ Appeals decision that: (1)  denied a rating in excess of 20 percent for a lumbar spine disability prior to November 2012 and (2) denied referral for extraschedular consideration.  The Court of Appeals for Veterans Claims agreed with CCK’s argument that the Board failed to develop or address how it assessed the Veteran’s additional functional loss during weather related flare-ups.  In addition, the Court also agreed the Board prematurely adjudicated whether the Veteran’s lumbar-spine disability should be referred for extraschedular consideration in light of the fact that it remanded entitlement to a TDIU rating for further development on how his disabilities affect employment.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins