CCK Successfully Appeals Denial of Extraschedular Referral for Pelvic Injury

CCK Successfully Appeals Denial of Extraschedular Referral for Pelvic Injury

Summary:

CCK successfully appealed a Board of Veterans’ Appeals decision that denied a U.S. Army veteran entitlement to extraschedular referral for his service-connected pelvic fracture residuals.  The Board found that the diagnostic code under which the Veteran’s disability was rated “reasonably described” his symptoms.  However, diagnostic code 5251 only contemplates limitation of thigh extension.  Because the Veteran experienced giving way, swelling, groin pain, pain and difficulty with prolonged sitting, and sleep interference due to pain as a result of his pelvic fracture residuals, the Board needed to consider this symptomatology when evaluating whether extraschedular consideration was warranted.

Outcome:

The Court of Appeals for Veterans Claims agreed with CCK’s argument that the Board failed to adequately support its decision. As a result, the Court vacated the Board’s decision and remanded the case for further proceedings.

Category: Veterans Law, Case Wins

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