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Single Judge Application; Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19; the criteria listed by the Board are those pertaining to the 100% rating under § 4.130, not the 70% rating the Board mislabeled it as. As a result, the Board didn’t properly consider if the veteran’s PTSD was more severe than a 50% rating but less severe than a 100% rating. When the veteran specifically requests an increase in his or her rating, the Board has an obligation to explain not only why the symptoms comport with the assigned rating criteria, but also why they don’t comport with the next higher disability rating criteria. Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19.;
Single Judge Application; Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19; the criteria listed by the Board are those pertaining to the 100% rating ...
