Service connection for left shoulder condition erroneously denied

Service connection for left shoulder condition erroneously denied

Board failed to explain its denial of left shoulder condition

CCK successfully appealed the Board’s denial of service connection for a left shoulder condition.  On appeal, CCK argued that the Board failed to explain why the Veteran should not receive service connection, as evidence of record supported the continuity of symptomatology.

CAVC agrees with CCK’s argument

The Court agreed that the Board erroneously found the evidence indicated his disability resolved in or before 1999 even though evidence from this time indicated this did not happen.  The Court also held that the Board mistakenly required constant pain since service to prevail based on continuity of symptomatology.  Accordingly, the Court vacated the Board’s decision and remanded the Veteran’s claim back to it for readjudication.

 

Category: Veterans Law, Court Wins