Board Failed To Comply With A Prior Remand Order And Failed To Consider Favorable Material Evidence

Board Failed To Comply With A Prior Remand Order And Failed To Consider Favorable Material Evidence

CCK recently appealed a Board of Veterans’ Appeals decision that denied the Veteran entitlement to an increased rating for a low back disability.  The Court of Appeals for Veterans Claims agreed with CCK’s arguments, finding that “the Board failed to ensure substantial compliance with the August 2013 remand order.”  Specifically, the Court agreed that the two examinations provided were both deficient.  First, “in violation of the remand order[‘s]” specific instructions for a different examiner, the same physician examined the Veteran.  Second, the January 2015 examination provided no rationale for the opinion that the lumbar spine did not cause any functional loss.  The Board also erroneously “ignored that the examiner also found that the appellant experienced pain beginning at 20 degrees- a symptom warranting a 40% rating.”

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins