CAVC rules the Board erred when it failed to fully discuss symptoms of Veteran’s neurological disability

CAVC rules the Board erred when it failed to fully discuss symptoms of Veteran’s neurological disability

CCK successfully appealed the Board’s denial of increased ratings for a Veteran’s bilateral lower extremity neurological disability.  CCK argued that the Board failed to provide an adequate statement of reasons or bases for its decision.  Specifically, the Board failed to discuss the Veteran’s symptoms in light of the guidance for rating neurological disabilities set forth in the VA Manual.  In particular, the Board failed to discuss the Veteran’s the Veteran’s non-sensory symptoms.

Court finds Board erred in denial of increased ratings for neurological disability

The Court agreed that the Board failed to discuss all the Veteran’s symptoms and thus failed to follow the guidance set forth in the VA manual.  The Court vacated and remanded the case for readjudication.

To read the Court’s decision, click here.

Category: Veterans Law, Court Wins