CCK Successfully Appeals Board Decision to Deny Higher Ratings for Lumbar Spondylosis and Bilateral Radiculopathy
Board Denies Veteran Entitlement to Higher Ratings for his Lumbar Spondylosis and Bilateral Radiculopathy
CCK successfully appealed to the Court of Appeals for Veteran’s Claims a Board decision that denied the Veteran entitlement to higher ratings for his lumbar spondylosis and bilateral lower extremity radiculopathy. In its decision, the Board determined that the Veteran’s radiculopathy can best be described as mild and there is no indication that moderate neurological manifestations exist.
CCK Successfully Argues that the Board Erred in Relying on Examinations that Failed to Address Functional Loss during Flare-Ups
CCK argued, and the Court agreed, that the Board erred when it relied on examinations that failed to opine on functional loss during flare-ups of his back condition and when it failed to discuss relevant regulations considered in assigning a rating for radiculopathy. The Court vacated the Board’s decision and remanded the case back to the Board for readjudication consistent with the decision.
To read the Court’s decision, click here.
Category: Court Wins