Board Failed to Address Examination Reports in Decision to Deny Veteran Increased Rating

Board Failed to Address Examination Reports in Decision to Deny Veteran Increased Rating

Board Denies Veteran Rating in Excess of 20%

CCK successfully appealed to the Court of Appeals for Veterans Claims a Board decision that denied the Veteran a rating in excess of 20 percent for a low back disability.

Court Agrees with CCK’s Argument that the Board did not Adequately Incorporate Examination Notes

The Court agreed with CCK’s argument “that the Board failed to provide an adequate statement of reasons or bases, as it did not address the March 2014 examination report’s notes of functional loss or impairment due to factors such as excess fatigability; disturbance of locomotion; interference with sitting, standing, and weight-bearing; pain on movement; and less movement than normal.”  The Court vacated the Board’s decision and remanded the case back to the Board for further proceedings consistent with the decision.

Category: Court Wins