VA Finalizes Presumptive Service Connection for Camp Lejeune Veterans. Learn more.

Court Finds Board Erred When It Failed To Consider Favorable Evidence

Court Finds Board Erred When It Failed To Consider Favorable Evidence

The Court remanded a Board decision that denied a veteran entitlement to a rating higher than 30 percent for his service-connected PTSD.  The Board acknowledged that the Veteran suffered from symptoms consistent with a 50 percent rating but determined the level of severity only warranted a 30 percent rating. It based its decision on the fact that he functioned "satisfactorily on a daily basis," maintained steady employment, and remained married. The Court found that the Board did not discuss "several factors that may support a higher disability rating," including symptoms of irritability, suicidal ideation, and impulsivity.  

Category: Veterans Law, Case Wins

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