Court Finds That The Board Erred When It Discounted Veteran’s Lay Statements

Court Finds That The Board Erred When It Discounted Veteran’s Lay Statements

CCK recently appealed a Board of Veterans’ Appeals decision that denied a Veteran entitlement to an increased rating for his degenerative joint disease of the left knee with residuals of a meniscus injury. The Court of Appeals for Veterans Claims agreed with CCK’s arguments that the Board failed to provide an adequate statement of reason or bases for its rejection of evidence favorable to his claim. Namely, evidence that the Veteran experienced effusion of the left knee. The Court found that even though the Board acknowledged that the Veteran was competent to report on observable symptomatology such as swelling, it failed to explain “why a medical opinion as to the ‘clinical significance’ of his reports of swelling in his left knee is required” for entitlement to a separate rating. The Court vacated and remanded the case.

Category: Veterans Law, Court Wins