Board’s Denial of Extraschedular Consideration is Remanded

Board’s Denial of Extraschedular Consideration is Remanded

Board Decision Denies Veteran Extraschedular Consideration for Service Connected Bronchial Asthma

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran entitlement to extraschedular consideration for his service-connected bronchial asthma. The Veteran argued that the Board’s decision lacked adequate reasons or bases because it failed to consider or address evidence in the record demonstrating that his asthma had caused or contributed to significant weight gain. In its decision, the Board concluded that the rating criteria fully addressed the Veteran’s disability and denied referral for extraschedular consideration without addressing his weight gain.

Court Agrees with CCK’s Argument

CCK argued, and the Court agreed, that the Board erred when it failed to address the evidence that the Veteran’s asthma had caused or contributed to his weight gain. The Court vacated the Board’s decision and remanded the case back to the Board for readjudication.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins