Board failed to explain why extraschedular consideration was not warranted

Board failed to explain why extraschedular consideration was not warranted

Summary:

The Board denied the Veteran’s claim for a higher schedular rating for his left knee disability.  On appeal, CCK argued that the Board neglected to explain its determination that a referral for extraschedular consideration was not warranted.  CCK also argued that the Board failed to evaluate the Veteran’s collective disability picture despite medical evidence that all of his service-connected disabilities contribute to problems with work.   Additionally, CCK asserted that the Board did not account for evidence that appeared to be outside the parameters of the rating criteria.

Outcome:

The Court agreed that the Board’s denial of an extraschedular referral was erroneous for these reasons and remanded the case back to the Board with instructions for it to cure these errors in its previous adjudication.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins