BVA failed to consider whether a new examination was required to assess the current severity of Veteran’s bilateral foot disability

BVA failed to consider whether a new examination was required to assess the current severity of Veteran’s bilateral foot disability

CCK successfully appealed a Board of Veterans’ Appeals decision in which the Board found that the Veteran was not entitled to a rating in excess of 30% for his bilateral pes planus with plantar fasciitis.  CCK argued that the Board failed to consider whether VA should have provided a new Compensation & Pension examination to accurately assess his current level of disability.  Specifically, evidence in the record indicated that the severity of the Veteran’s bilateral foot disability worsened since his last VA examination.  The Court agreed that remand was needed for the Board to “consider whether a new VA examination was necessary.”

Category: Veterans Law, Court Wins