Board Fails to Consider Favorable Material Evidence & Relies on Inadequate Exam in Denial of Increased Rating for PTSD and TDIU
Board Denies Increased Rating for PTSD and TDIU by Citing Veteran’s PTSD to be not Severe Enough to Impact Social & Occupational Functioning
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran an increased rating for PTSD and TDIU. The Board found that the Veteran’s PTSD was not severe enough to impact the Veteran’s social and occupational functioning with deficiencies in most areas. The Board also denied TDIU because there was no competent opinion of record that demonstrated the Veteran was unemployable.
CCK Successfully Argues that Board Erred in Denying Increased Rating for PTSD and Failed to Consider Favorable Material Evidence
CCK argued, and the Court agreed, that the Board erred when it denied an increased rating for PTSD. The Court found that the Board failed to consider favorable material evidence that the Veteran has symptoms of PTSD that aligned with a rating higher than 30 percent. The Court also found that the Board relied on an inadequate medical examination when denying an increased rating, as the examiner report was inconsistent about the Veteran’s true level of impairment. The Court also remanded TDIU, as the Board’s decision on PTSD will require an assessment of all of the evidence of record and might prompt further review that would impact the Board’s analysis of whether TDIU was warranted. The Court vacated and remanded the Board’s decision.
To read the Court’s decision, click here.
Category: Court Wins