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In denial of an increased rating for radiculopathy, Board’s errors render its statement of reasons or bases inadequate

In denial of an increased rating for radiculopathy, Board’s errors render its statement of reasons or bases inadequate

Summary:

CCK successfully appealed a Board of Veterans’ Appeals decision that denied the veteran an increased rating for upper extremity radiculopathy.  CCK argued that the Board erred in three respects.  First, the Board failed to consider favorable evidence of record.  Second, the Board failed to comply with a prior joint remand order.  Third and finally, the Board failed to consider the retrospective nature of evidence.

Outcome:

The Court agreed with CCK’s arguments. The Court found that the Board’s “failure to address favorable evidence, resolve evidentiary inconsistencies, and support its determinations with adequate analysis renders its statement of reasons or bases inadequate.”  The Court set aside and remanded the case for further proceedings.

Category: Veterans Law, Case Wins

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