CCK Successfully Appeals Rating for Service Connected PTSD
Board Denies Veteran a Rating Above 50% for Service Connected PTSD
CCK successfully appealed a Board of Veterans’ Appeals decision that denied the veteran a rating above 50 percent for his service connected PTSD. CCK argued that the Board erred in failing to discuss numerous important pieces of evidence. The Board overlooked the Veteran’s multiple problems at work, including being suspicious, not working well with others, and making threats that were significant enough to frighten coworkers (actions that resulted in him being required to complete anger management, having his position changed to avoid interacting with others, and being hospitalized for 15 days). Additionally, the Board failed to discuss evidence of problems within his marriage, including frequent arguments and a history of separating. The Board also ignored evidence of a strained relationships with his children and other family members and only briefly mentioned the Veteran’s problems socially outside the family setting, including multiple physical altercations and threatening a neighbor with a gun.
Court Agrees with CCK’s Argument that the Board Failed to Fully Discuss the Evidence and Remands the Case
The Court agreed with CCK’s arguments. The Court found that “[b]ased on the Board’s failure to fully discuss the evidence, the Court finds that the Board’s reasons or bases are inadequate and that remand is required.” As a result, the Court vacated the Board decision and remanded the case for further proceedings.
To read the Court’s decision, click here.
Category: Court Wins