Frequency, severity, and duration of psychiatric symptoms must be considered
Board found that Veteran did not meet criteria for a 70% rating
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran a rating in excess of 50% for his service-connected PTSD. In its decision, the Board concluded that the Veteran did not have psychiatric symptoms consistent with a 70% rating.
Court ruled Board must consider the frequency, severity, and duration of psychiatric symptoms in its decision
CCK argued, and the Court agreed, that the Board erred when it failed to consider the frequency, severity, and duration of the Veteran’s psychiatric symptoms when it compared those symptoms to the criteria for a 70% rating. The Court vacated the Board’s decision and remanded the case back to the Board for readjudication.
Category: Court Wins