Court Remands Board’s Decision for Service-Connected PTSD
Board Denies Veteran Increased Rating for Service-Connected PTSD
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran a rating in excess of 50 percent for his service-connected PTSD for the time period prior to October 2009. In its decision, the Board denied a rating higher than 50 percent because it found the Veteran had a single physical altercation but the record did not otherwise indicate that his irritability had resulted in violence or in verbal confrontations. It also found the Veteran’s memory loss was no more than mild because he did not exhibit memory loss for his own name or the names of relatives.
Court Agrees with CCK’s Argument that the Board Failed to Acknowledge Evidence that Contradicted its Finding
CCK argued, and the Court agreed, that the Board erred when it failed to acknowledge multiple pieces of evidence contradicting its finding. For example, the Board failed to acknowledge testimony that the Veteran had been involved in repeated verbal and physical confrontations at work and at church. And the Board failed to account for evidence indicating that the Veteran’s memory loss was more than mild. CCK also argued, and the Court agreed, that the Board improperly used the standard set out for a 100% rating when it required the Veteran to demonstrate memory loss for his own name. The Court vacated the November 2015 Board decision and remanded the case back to the Board for the Board to account for numerous pieces of relevant evidence.