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Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran… Read More

What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 – or an… Read More

What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage. B… Read More

What is the Deep Issue in the Case? Extra-schedular consideration should be considered “where the schedular evaluations are found to be inadequate.” 38 C.F.R. § 3.321(b)(1) (emphasis added). The herring loss rating criteria are largely b… Read More

What is the Deep Issue in the Case? The Board of Veterans Appeals must analyze the legal credibility and probative value of the evidence, accounting for that which is persuasive or unpersuasive, and providing reasons for rejection material evidence f… Read More