Board Fails to Consider Collective Impact of SC Disabilities

Board Fails to Consider Collective Impact of SC Disabilities

Board Denial of Increased Rating Only Considers Single Disability on Appeal

CCK successfully appealed to the Court of Appeals of Veterans Claims a Board decision that denied the Veteran an increased rating on an extraschedular basis for the collective impact of all of the Veteran’s service connected disabilities. In its decision, the Board failed to consider the collective impact of the Veteran’s service connected disabilities and instead only considered the single disability on appeal.

Court Agrees with CCK’s Argument that Board Failed to Recognize Additional Disabilities

CCK argued, and the Court agreed, that the Board erred when it provided an inadequate statement of reasons or bases for its decision. The Board failed to consider any disability other than the Veteran’s bilateral hearing loss on appeal. The Court found that frustrated judicial review of the Board’s decision. The Court vacated that part of the Board’s decision denying referral for an extraschedular evaluation and remanded the matter for readjudication.

Category: Veterans Law, Court Wins