Board failed to provide reasons & bases for relying on inadequate medical exam

Board failed to provide reasons & bases for relying on inadequate medical exam

Summary

CCK successfully appealed to the Court a Board decision that denied the Veteran entitlement to a total disability rating based on individual unemployability (TDIU).  In its decision, the Board relied on a December 2011 VA medical examination to deny the Veteran TDIU.  However, the medical exam did not discuss the extent to which the Veteran’s asthma symptoms affected his ability to secure sedentary employment.

Outcome

The Board did not address this shortcoming of the medical exam in its decision.  As the exam did not address the effect of the asthma symptoms on the Veteran’s ability to obtain and maintain sedentary employment, the Board therefore provided an inadequate statement of reasons or bases as to why it relied on this medical exam to deny TDIU.  The Court vacated the Board’s decision and remanded the case for readjudication.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins