CCK Successfully Appeals Denial of Increased Rating for Psychiatric Disorder
CCK successfully appealed a Board of Veterans’ Appeals decision that denied a Veteran an increased rating for psychiatric disorder. CCK argued that the Board misapplied the relevant rating criteria. Additionally, CCK argued that the Board failed to adequately explain why the Veteran was not entitled to an increased rating. Specifically, the Board discounted the Veteran’s mild impairment resulting from weekly thoughts of not wanting to live and suicidal thoughts.
Court agrees that the Board erred in denial of increased rating for psychiatric disorder
The Court agreed that the Board misapplied the relevant rating criteria. Specifically, the Board improperly required the appellant to exhibit certain symptoms in order to acquire an increased rating. However, the symptoms noted by the Board are not required under the 70% rating criteria. Thus, the Board’s decision was made in error. As a result, the Court vacated the Board’s decision and remanded the case for further proceedings.