In determining Veteran not credible, Board committed error
Board found Veteran not credible due to previous
CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran service connection for an acquired psychiatric disorder. In denying the Veteran’s claim, the Board found him not credible in reporting the onset and severity of his psychiatric symptoms. In its decision, the Board relied on a previous Board decision which had found the Veteran not credible with regard to his back and neck claims.
Board can’t rely on its own previous determination regarding completely separate issues
CCK argued, and the Court agreed, that the Board erred in relying on the prior negative credibility determination which dealt with completely different claims and disabilities. The Court vacated the Board’s decision and remanded the case back to the Board for further proceedings consistent with this decision.
Category: Court Wins