Denial of extraschedular consideration for bilateral knee disability contained error, Court finds

Denial of extraschedular consideration for bilateral knee disability contained error, Court finds

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran increased ratings for a bilateral knee disability on an extraschedular basis.  The Board concluded there was “neither allegation nor indication that the collective impact or combined effect of more than one service-connected disability presents an ununusal disability picture to render inadequate the schedular rating criteria.” However, the record reveals that the Veteran felt depressed because of her knee pain; experienced wrist and shoulder pain from using a cane for her bilateral knee disabilities; and developed a ganglion cyst from using a cane.

CCK argued, and the Court agreed, that the Board erred when it did not address these symptoms resulting from the combined effects of her multiple service-connected disabilities and whether they warranted extraschedular referral.  The Court vacated the Board’s decision and remanded the case back to the Board to consider whether this presented an exceptional disability picture.

Category: Court Wins