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, Court Wins