Court Finds The Board Failed To Consider And Discuss Favorable Material Evidence

Court Finds The Board Failed To Consider And Discuss Favorable Material Evidence

CCK successfully appealed to the Court a Board decision in which the Veteran was denied a rating in excess of 50% for his PTSD.  CCK argued that the Board failed to properly consider or discuss favorable material evidence that the Veteran endorsed symptoms enumerated within the criteria for a higher rating.   The Court agreed, holding that the Board erred when it failed to account for evidence of the Veteran’s strained familial relationships, along with evidence of impaired, illogical speech and deficiencies in judgment, thinking, and mood.  Further, the Court held that the Board erred in stating that “there is not a single notation in any of the medical reports to substantiate” the assertion that the Veteran was unable to maintain appropriate hygiene, a symptom enumerated within the 70% criteria.  The Court acknowledged both lay and medical evidence of this symptomatology which the Board failed to consider or discuss.

To read the Court’s decision, click here.

Category: Veterans Law