Board Must Consider Evidence of the Combined Effects of Veteran’s Service Connected Disabilities to Determine Necessity of Extraschedular Consideration
Board Decides that Extraschedular Consideration is Not Warranted for Veteran’s Onychomycosis
CK successfully represented a veteran in an appeal to the Court of Appeals for Veterans Claims from a decision to deny him an increased rating for his onychomycosis. The Board found that it was not necessary to refer the case for extraschedular consideration and that the record did not reasonably raise the issue of extraschedular consideration based on multiple service-connected disabilities.
CCK Successfully Argues that Evidence of Effects of Veteran’s Service-Connected Disabilities Raise Question of Whether Extraschedular Referral is Required
The Veteran complained of severe foot pain that limited the amount of time he could exercise with his students or stand in a classroom. He also indicated that his right shoulder disorder caused him a great deal of pain if he slept on it and limited him to four hours of sleep each night. He further reported extreme difficulty writing on the blackboard in class and exhaustion when he uses his right hand. Moreover, he stated that his neck and back conditions caused him to lose time from his job. Regarding his back, he said that back pain prevented him from participating in physical training in his job.
On appeal, CCK argued, and the Court agreed that this evidence raised the question of whether extraschedular referral was required in light of the combined effects of multiple service-connected disabilities and remanded the case back to the Board with instructions that it explain whether an extraschedular referral is needed based on all of the service-connected conditions.
To read the Court’s decision, click here.
Category: Court Wins