The CAVC, in the case of Rogliano v. Shinseki, 11-1597 (2/27/13), Vacated a BVA Decision that denied the veteran an increased rating for PTSD from 50% for the period of 6/29/06-9/14/08, and from 75% from 9/15/08. The matter was Remanded. In the case, the court reasoned, “the Board failed to address the symptoms in the context of the occupational and social impairment caused by the appellant’s PTSD. This failure is especially important where the Board noted evidence such as panic attacks, mood instability, and anger, which could have a profound effect on Mr. Rogliano’s occupational and social functioning. Instead, the Board simply considered whether Mr. Rogliano’s symptoms were indicative of symptoms listed under the different disability rating categories”. Thus, the court found that the Board’s assessment frustrated judicial review, and required remand.
Written by Andrew Finkelstein | Last Updated: June 17, 2021