Court Finds That The Board Erred When It Failed To Discuss Favorable Material Evidence

Court Finds That The Board Erred When It Failed To Discuss Favorable Material Evidence

CCK recently appealed a Board of Veterans’ Appeals decision that denied a Veteran entitlement to an increased rating for his ulcerative colitis rated by analogy to irritable colon syndrome. The Court of Appeals for Veterans Claims agreed with CCK’s arguments that the Board failed to discuss relevant favorable material evidence from both the testimony of the Veteran and the Veteran’s private physician. The Court found that the Board’s decision “lacks any discussion or analysis of the appellant’s lay testimony of record—which the Board found compete[nt] and credible—regarding his anemia diagnosis” and evidence related to his lost nutrients. The Court vacated and remanded the case.

Category: Veterans Law, Court Wins