Court Finds Unfavorable VA Examination Inadequate

Court Finds Unfavorable VA Examination Inadequate

The Court recently remanded a Board decision that denied the Veteran entitlement to service connection for a psychiatric disorder. Although the veteran submitted several favorable medical opinions that related his depression and anxiety to his service-connected fibromyalgia, the Board relied on a negative opinion in which the examiner first stated that any opinion would be based on speculation but then rendered a negative opinion anyway. The Court found the examiner’s analysis “internally inconsistent” and “illogical.”

To view the Court’s memorandum decision, click here.

Category: Veterans Law, Court Wins