Court Finds The Board Failed To Provide Reasons And Bases For Denial Of Extraschedular Consideration

Court Finds The Board Failed To Provide Reasons And Bases For Denial Of Extraschedular Consideration

CCK successfully appealed to the Veterans’ Court a Board decision that denied the Veteran an increased rating for his pes planus, to include extraschedular consideration. The Board decided that the Veteran’s symptoms were contemplated by the rating criteria and that extraschedular consideration was not warranted. CCK argued that the Board misinterpreted the law because it did not consider the Veteran’s full disability picture in its decision. The Court agreed with these arguments and remanded the case for readjudication consistent with its decision.

Category: Veterans Law, Court Wins