Board Failed To Consider Other Applicable Diagnostic Codes For Veteran’s Bilateral Foot Disability

Board Failed To Consider Other Applicable Diagnostic Codes For Veteran’s Bilateral Foot Disability

CCK successfully appealed a Board of Veterans’ Appeals decision that denied a U.S. Army Veteran entitlement to an increased rating for bilateral plantar fasciitis. CCK argued that the Board inadequately explained its decision to rate the Veteran’s plantar fasciitis by analogy under diagnostic code 5276, and failed to explain why it should not be rated instead under diagnostic code 5284. The Court of Appeals for Veterans Claims found that the Board failed to provide an adequate statement of reasons or bases for its decision when it did not consider whether the Veteran’s plantar fasciitis might be rated by analogy to diagnostic code 5284.

Category: Veterans Law, Court Wins