Court Orders Reinstatement of Veteran’s Rating after Board Decision
Board Reduces Veteran’s Rating to Zero Percent After Finding that His Condition Did Not Meet Requirements of the 10% Rating
CCK successfully appealed to the Court of Appeals for Veteran’s claims a Board decision that reduced the Veteran’s rating from 10 percent to a zero percent rating. The Board found that the Veteran’s condition no longer met the requirements of the 10 percent rating and therefore his condition had improved under the ordinary conditions of daily life.
The Court Agrees with CCK’s Argument that the Board Erred in Reducing the Veteran’s Rating
CCK argued, and the Court agreed, that the Board erred when it reduced the Veteran’s rating. The Court found that the Board erred when it relied on a medical examination that failed to explain how the Veteran’s constant use of medication impacted his condition. The Board should not considered the relief provided by medication when making a decision about a veteran’s rating. The Court also found that the Board erred when it relied on an inadequate medical examination to reduce the Veteran’s rating, as that examination did not review the Veteran’s medical history. Finally, the Court found that the Board improperly found that the Veteran’s condition improved under the ordinary conditions of life and work. Instead of actually considering that question, the Board only focused on comparing the Veteran’s symptoms to the rating criteria. The Court reversed the Board’s decision and ordered that the Veteran’s 10 percent rating be reinstated.
To read the Court’s decision, click here.