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Board failed to explain its denial regarding Veteran’s bilateral plantar fasciitis

Board failed to explain its denial regarding Veteran’s bilateral plantar fasciitis

CCK successfully appealed a Board decision that denied the Veteran an increased rating for his bilateral plantar fasciitis.  The Board denied the Veteran a rating above 10% for his bilateral plantar fasciitis and declined to refer his case for consideration of an extraschedular rating.  On appeal, CCK argued that the Board failed to consider all of the Veteran’s service-connected disabilities in its determination of whether extraschedular referral was warranted.

Court finds the Board committed error in its denial of extraschedular referral for bilateral plantar fasciitis

The Court held that the Board’s analysis as to whether the collective impact of all of the Veteran’s service-connected conditions necessitated extraschedular consideration was not sufficient, in accordance with Johnson v. McDonald, 762 F.3d 1362 (Fed. Cir. 2014).  Thus, the Board erred in its failure to provide an adequate statement of reasons or bases for its decision.  Accordingly, the Court vacated the Board’s decision and remanded the issue back to the Board.  On remand, the Court has instructed the Board to review the evidence of record and reconsider whether the Veteran’s service-connected disabilities, when considered in the aggregate, warrant a referral for extraschedulr consideration.

Category: Veterans Law, Case Wins

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