Board’s denial of higher rating for PTSD failed to consider all evidence of record

Board’s denial of higher rating for PTSD failed to consider all evidence of record

Summary

The Board denied the Veteran a a higher rating for PTSD for the period prior to August 9, 2012.  In doing so, it found that there was no evidence of impairment in family relations.  The Board noted that the Veteran was remarried since 1998 and raised his daughter from a previous marriage.  On appeal, CCK argued that the Board overlooked a number of key pieces of evidence.

First, although the Board acknowledged that the Veteran lost custody of his daughter in 2003, it did not reconcile this fact with its finding concerning family relations.  Second, the Board failed to address the fact that his parents took out a restraining order against him following an incident with them.  Third, the Board failed to address that he spent a few days in jail after an altercation with his stepson. Despite this evidence of record, the Board denied a higher rating for PTSD citing no evidence of impairment of family relations.

Court finds Board committed error in denial of higher rating for PTSD

The Court agreed that the Board erred in not addressing this evidence in determining the need for a higher rating.   The Court remanded the case back to the Board for it to issue a new decision in which it weighed this evidence.

Category: Veterans Law, Court Wins