Board Improperly Denies Compensable Rating for Service-Connected Left Foot Disability

Board Improperly Denies Compensable Rating for Service-Connected Left Foot Disability

Board Decision Denies Veteran a Compensable Rating for Left Foot Disability and Fails to Address Whether a Referral for Consideration of an Extraschedular Evaluation was Warranted

CCK successfully appeal to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran a compensable rating for his service-connected left foot hallux valgus. The Board concluded a compensable rating for painful motion under 38 C.F.R. § 4.59 was not warranted because the Veteran did not have limited motion. The Board also failed to address whether a referral for consideration of an extraschedular evaluation based on the combined impact of the Veteran’s service-connected disabilities was warranted.

CCK Successfully Argues that the Board Failed to Consider Favorable Evidence and Provide Adequate Reasoning for Whether Extraschedular Referral was Appropriate

CCK argued, and the Court agreed, that the Board erred when it failed to consider favorable evidence of pain with walking, standing, and weight-bearing activities. The Court also agreed that the Board erred when it failed to provide an adequate statement of reasons or bases regarding whether extraschedular referral was appropriate. The Court vacated the Board’s decision and remanded the case for the Board to issue a new decision supported by adequate reasons or bases.

To read the Court’s decision, click here.

Category: Court Wins