Board failed to satisfy its duty to assist the Veteran

Board failed to satisfy its duty to assist the Veteran

CCK recently appealed a Board of Veterans’ Appeals decision that denied the Veteran entitlement to an increased rating for tinnitus.  In its decision, the Board remanded the Veteran’s claim for an increased rating for bilateral hearing loss, but not tinnitus. The Board made this decision based solely on the fact the Veteran was evaluated at the maximum schedular rating.  CCK argued that the Board failed to satisfy its duty to assist the Veteran.

Outcome:

The Court found that the Board “ignore[d] the possibility of an extraschedular disability rating for tinnitus and essentially conclude[d] that an examination is only relevant to a schedular evaluation.”  Thus, the Court vacated and remanded the case.

Read the Court’s decision here.

Category: Veterans Law, Court Wins