United States Federal Circuit

Denial of veteran-claimant's claim for an initial disability rating greater than 50 percent for claimant's service-connected post-traumatic stress disorder, is affirmed, where: 1) veteran may only qualify for a given disability rating under the regulation by demonstrating the particular symptoms associated with that percentage, or others of similar severity, frequency, and duration; and 2) the regulation requires an ultimate factual conclusion as to the veteran’s level of impairment in "most areas," listed in the regulation; and 3) because the Board of Veterans' Appeals correctly applied the 70 percent rating regulation, the misreading of the regulation by the Veterans Court is harmless error.

Appellate Information

• Decided 04/08/2013
• Published 04/08/2013

Judges

• CLEVENGER

Court

• United States Federal Circuit

Counsel