Board failed to explain how schedular criteria specifically contemplated Veteran’s symptoms

Board failed to explain how schedular criteria specifically contemplated Veteran’s symptoms

Board denied referral for extraschedular consideration

CCK recently appealed a Board decision that denied a Veteran entitlement to referral for extraschedular consideration for multiple conditions.  Specifically, the Board denied extraschedular referral for hypertension, hypertensive heart disease, and chronic diverticulosis.  The Board found that VA’s schedular criteria adequately contemplated the Veteran’s disability symptoms.

Court finds the Board failed to adequately explain how VA’s schedular criteria contemplates the Veteran’s symptoms

The Court of Appeals for Veterans’ Claims agreed with CCK’s arguments finding that “the Board failed to explain how the schedular criteria specifically contemplates the appellant’s symptoms.”  The Court also found it was unclear how the “conceded limitations on the appellant’s employment do not rise to the level of ‘marked interference.’”  Accordingly, the Court vacated and remanded the case.

To read the Court’s decision, click here.

Category: Veterans Law, Case Wins

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