Thun v. Peake, 2008

  • Organization: CAVC
  • Document Type: Case law/admin decisions
  • Date Created: Monday, December 05, 2016
  • Submitted: Monday, December 05, 2016
  • Attachment(s): PDF

Before GREENE, Chief Judge, and HAGEL and SCHOELEN, Judges.

GREENE, Chief Judge: Veteran Dennis M. Thun appeals, through counsel, a June 22, 2005, decision of the Board of Veterans' Appeals (Board) that determined that his disability rating for his service-connected post-traumatic stress disorder (PTSD) did not warrant referral for extraschedular consideration under 38 C.F.R. § 3.321(b)(1) (2007).  Record (R.) at 1-19.  Mr. Thun argues that the Board misinterpreted § 3.321, and thus, failed to apply the law correctly when evaluating his claim for an increased rating.  Because we find no error in the Board's conclusion that Mr. Thun's asserted inability to advance at his place of employment and to receive a higher salary did not constitute marked interference with employment that rendered his 70% disability rating inadequate, thereby warranting extraschedular consideration, the June 2005 Board decision will be affirmed.


Upon consideration of the foregoing analysis, the record on appeal, and the parties' pleadings, the June 22, 2005, Board decision is AFFIRMED.