Wednesday, March 27, 2013

Johnson v. Shinseki



Johnson v. Shinseki, 26 Vet.App. 237 (Mar. 27, 2013) (en banc)
EXTRASCHEDULAR CONSIDERATION (38 C.F.R. § 3.321(b)(1))
The Board is not required to consider whether a claimant is entitled to referral for extraschedular consideration of his multiple disabilities on a collective basis. An extraschedular evaluation is awarded solely on a disability-by-disability basis and not on the combined effect of multiple disabilities. But see concurring and dissenting opinions.

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