CCK Successfully Appeals Denial of Increased Rating and TDIU Procedural Issue

CCK Successfully Appeals Denial of Increased Rating and TDIU Procedural Issue

Summary:

CCK successfully appealed a Board decision that denied a Veteran entitlement to an increased rating for service-connected hemorrhoids and TDIU.  To qualify for an increased rating, the Veteran’s hemorrhoids needed to be “large.”  However, the Board failed to define what measurements are required for such a finding.  The Court agreed with CCK’s argument that the Board failed to adequately explain its decision.

Outcome:

Without a precise explanation of what qualifies as “large,” the Court determined that it was unable to ascertain whether the Board correctly denied a higher rating.   As a result, the Court vacated the Board’s decision and remanded the case for further proceedings.  Additionally, CCK successfully led the Secretary to concede that TDIU should have been remanded instead of referred.  Remand was warranted as TDIU was raised as part and parcel of the Veteran’s increased rating claim.  The Court thus modified that part of the Board decision.

Category: Veterans Law, Court Wins