CCK Successfully Appeals Board Denial of Referral for Extraschedular Consideration
Board Denies Veteran’s Entitlement to a Compensable Evaluation for Disability and Declines Referral of the Case for Extraschedular Consideration
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran entitlement to a compensable evaluation for his bilateral hearing loss disability. The Board declined to refer the Veteran’s case for extraschedular consideration. It determined that extraschedular consideration was not warranted because the Veteran’s symptoms were contemplated by the rating criteria.
Court Agrees with CCK’s Argument that the Board Erred in its Decision
CCK argued, and the Court agreed, that the Board erred because it failed to provide an adequate statement of reasons or bases to deny referral for extraschedular consideration. The Board considered only evidence of the Veteran’s inability to hear speech and other sounds and failed to address evidence of his social embarrassment due to his hearing loss. The Court vacated the matter and remanded the case back to the Board for further proceedings consistent with the Court’s decision.
To read the Court’s decision, click here.