CCK Successfully Appeals Board Denied Rating Increase
Board Denies Veteran Entitlement to Increased Rating and Extraschedular Referral
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran entitlement to an increased rating for his service-connected bilateral hearing loss to include on an extraschedular basis. The Veteran argued that the current rating for his hearing loss did not accurately reflect the functional effects of his hearing loss disability both alone and in combination with his service-connected back disability. In its decision, the Board stated that the Veteran’s hearing loss disability was adequately compensated by the rating criteria, and that the issue of entitlement to extraschedular referral based on the combined impact of his hearing loss and back disabilities was not raised.
Court Agrees with CCK’s Argument and Remands the Case
CCK argued, and that Court agreed, that the Board erred when it failed to explain how certain functional effects of the Veteran’s hearing loss were contemplated by his schedular rating. The Court also instructed the Board to consider the collective impact of the Veteran’s service-connected disabilities on remand. The Court vacated and remanded the case back to the Board for readjudication.
To read the Court’s decision, click here.