Court Finds That Board’s Reliance On A VA Exam Was Clearly Erroneous

Court Finds That Board’s Reliance On A VA Exam Was Clearly Erroneous

CCK recently appealed a Board of Veterans’ Appeals decision that denied a Veteran entitlement to an increased rating for his back. The Court of Appeals for Veterans Claims agreed with CCK’s arguments that the examiner failed to discuss at what point the Veteran experienced range of motion loss specifically due to pain, and failed to consider whether the Veteran had any functional loss due to flare ups in his thoracolumbar spine. The Court then held that “the Board’s determination that the April 2011 VA spine examination was adequate is clearly erroneous and that remand is warranted.” Additionally, the Court found that the Board failed to consider the collective impact of the Veteran’s service-connected disabilities and determine whether referral for consideration of an extraschedular rating was warranted.

Category: Veterans Law, Court Wins