The Board Failed To Explain How It Relied On Unclear VA Examination To Deny Veteran’s Claim

The Board Failed To Explain How It Relied On Unclear VA Examination To Deny Veteran’s Claim

CCK recently appealed a Board of Veterans’ Appeals decision that denied a Veteran entitlement to service connection for hypertension and an eye disability. The Court of Appeals for Veterans Claims agreed with CCK’s argument that the Board provided an inadequate statement of reasons or bases for not returning an April 2014 VA examination for clarification, as the VA examiner did not explain how he determined that the Veteran did not have hypertension during service. In addition, the examiner also did not address the appellant’s reports that he began to take anti-hypertensive medication within a year of separation. The Court remanded the case for readjudication.

To read the Court’s decision, click here.

Category: Veterans Law, ERISA Law, Court Wins