In denial of increased rating and TDIU, the Board committed legal error

In denial of increased rating and TDIU, the Board committed legal error

Summary:

The Veteran served on active duty in the Army.  During his time in service, the Veteran was tortured as a Prisoner of War.  Upon being discharged, he was service-connected for an anxiety reaction at 10% disabling.  Over the years, he was granted increased ratings for his disability, which was redefined as General Anxiety Disorder with PTSD symptoms, and eventually evaluated at 50%.  In 2013, a VA examiner found the Veteran had total social and occupational impairment due to his service-connected disability.  But in 2014, a VA examiner opined that the Veteran could obtain and maintain sedentary employment.

The Board of Veterans’ Appeals denied an increased rating for the Veteran’s GAD and also denied a total disability rating based on individual unemployability (TDIU).

Outcome:

On appeal, CCK argued that the Board provided an inadequate statement of reasons or bases for relying on an unfavorable medical opinion as opposed to an earlier favorable opinion.  The Court agreed with CCK’s arguments and remanded the Veteran’s case back to the Board for readjudication of these matters.

Click here to read the Court’s decision.

Category: Veterans Law, Court Wins