Board improperly denied Veteran unemployability benefits
CCK successfully appealed to the Court a Board decision that denied the Veteran entitlement to a total disability rating based on individual unemployability. The Board found that the evidence of record did not support a finding that the Veteran was unemployable. Specifically, the Board considered the evidence contained in a February 2013 VA examination to be the most probative evidence. CCK argued that the Board did not adequately explain its finding that the 2013 VA examination was the most probative evidence of record, as other examinations also reviewed the record and provided a clear rationale for the findings. On remand, the Board must provide an adequate statement of reasons or bases for its determination regarding the probative value of the medical examinations of record.
To read the Court’s decision, click here.