The Board Must Adjudicate Veteran’s Claim For An Increased Rating For PTSD And TDIU Together

The Board Must Adjudicate Veteran’s Claim For An Increased Rating For PTSD And TDIU Together

CCK successfully appealed a Board of Veterans’ Appeals decision that denied a Veteran of the U.S. Marine Corps entitlement to an increased rating for his service-connected PTSD. The Court of Appeals for Veterans Claims agreed with CCK’s argument that the Board prematurely determined that the Veteran’s symptoms were contemplated by his assigned schedular rating. Because the Board remanded the matter of entitlement to TDIU for further development, the Court reasoned that it is possible that the evidence gathered related to TDIU might alter the veteran’s disability picture. Accordingly, the Court remanded the issue of entitlement to a higher rating for PTSD to be adjudicated with the issue of TDIU.

Category: Veterans Law, Court Wins