Thun v. Peake
United States Court of Appeals for Veterans Claims
22 Vet. App. 111 (2008)
- Written by Carolyn Strutton, JD
Facts
Denis Thun (plaintiff) was a Vietnam War combat veteran who suffered from posttraumatic stress disorder (PTSD). Thun had maintained steady employment for years, but his PTSD symptoms disrupted his ability to advance professionally and therefore limited his earning capacity. In 2000, Thun applied for a service-connected disability for his PTSD with the Department of Veterans Affairs (VA) (defendant), and he was eventually awarded a 70 percent disability rating. Thun appealed the rating to the Board of Veterans’ Appeals (the board), alleging that the rating was insufficient. Thun contended that he was entitled to extraschedular consideration because of his PTSD-caused loss of earning capacity. The board held that Thun’s circumstances were not so exceptional as to render his 70 percent rating inadequate and denied his claim. Thun appealed.
Rule of Law
Issue
Holding and Reasoning (Greene, C.J.)
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