Board Fails to Analyze Veteran’s Symptoms and Key Lay Statements in Decision to Deny Higher Rating for PTSD
Board Denies Veteran Higher Rating for Service-Connected PTSD due to Evidence Representing Less Serious Symptoms
CCK successfully appealed to the Court of Appeals for Veteran’s Claims a Board decision that denied a veteran a higher rating for his service-connected PTSD. In its decision, the Board determined that the majority of the evidence during the appeal period represented less serious and more moderate symptoms of PTSD.
CCK Successfully Argued that the Board did not Conduct a Thorough Analysis of the Veteran’s Existing Symptoms and Overlooked Key Lay Statements
CCK argued, and the Court agreed, that the Board merely listed the Veteran’s symptoms and did not conduct an analysis regarding the Veteran’s actual symptoms. The Board also erred when it overlooked lay statements regarding the Veteran’s relationships with family members and discounted evidence of suicidal ideation. The Court vacated and remanded the claim for further proceedings consistent with this decision.
To read the Court’s decision, click here.
Category: Court Wins