Board Improperly Denies Veteran Increased Ratings and Extraschedular Consideration

Board Improperly Denies Veteran Increased Ratings and Extraschedular Consideration

Board Finds that Veteran is not Entitled to Increased Ratings or Extraschedular Consideration

CCK successfully appealed a Board of Veterans’ Appeals decision that denied the Veteran increased ratings for sinusitis and bilateral hearing loss. The Board found that the Veteran was not entitled to a compensable rating for the sinusitis for the period prior to December 2009. It also found that his hearing loss did not require extraschedular consideration.

CCK Successfully Argues that the Board Improperly Considered the Examination and Failed to Consider the Impact of Other Service-Connected Conditions

On appeal, CCK argued that the Board failed to consider part of the December 2009 examination which indicated the Veteran started experiencing symptoms of the condition for at least a year prior to the examination. CCK also argued that while the Board considered the Veteran’s sinusitis in determining the need for extraschedular consideration, it failed to consider the impact of his other service-connected conditions, including his right eye disorder. The Court agreed with these arguments and vacated the Board’s decision as to its denial of a higher rating for the sinusitis and extraschedular referral of the hearing loss and remanded these matters back to the Board for further adjudication.

To read the Court’s decision, click here.

Category: Court Wins