Board failed to adequately explain its denial of service connection for low back disability

Board failed to adequately explain its denial of service connection for low back disability

CCK recently appealed a Board of Veterans’ Appeals decision that denied a Veteran entitlement to service connection for low back disability.  A VA examination, which the Board relied on in making its determination, failed to consider favorable material evidence of the Veteran’s low back disability.

Board failed to explain its reliance on VA examination in its denial of service connection for low back disability

The Court of Appeals for Veterans Claims agreed with CCK’s arguments that the Board failed to provide an adequate statement of reasons or bases for relying on the the examination.  The Court remanded the case back to the Board to provide an adequate statement of reasons or bases for relying on the exam, or to order a new examination that adequately considers the evidence of record.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins