- Free Consultation:
- 800-320-HELP
Court Victory for Veteran’s Hip Disability: Remand Ordered for Full Rating Consideration
The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought higher ratings for his left hip osteoarthritis beyond October 24, 2019. The Board of Veterans’ Appeals erred by limiting its review to a short “review period,” ending on the notification date of the initial rating decision, thus excluding later evidence of his worsening condition. The Court agreed with our position that not only is there no support for this in the law, but it also results in a bizarre outcome under the Appeals Modernization Act. This was unfortunately the second time the Board made this error in this veteran’s claims. And despite our efforts, we could not get VA’s attorneys to agree to instruct the Board that its understanding of the law was clearly wrong, thus necessitating a brief to the Court.
Mr. Meuzelaar initially received a 10% rating for left hip osteoarthritis in October 2019 but requested a higher rating due to ongoing difficulties. Although the Board granted a partial increase for limitation of adduction, it failed to consider his condition after October 2019. The Court clarified that the Veterans Appeals Improvement and Modernization Act (AMA) does not restrict the Board’s review to an artificial period ending with a rating notification. The Board’s narrow interpretation led to a nonsensical outcome, leaving Mr. Meuzelaar’s rating unresolved despite clear evidence of his condition’s progression.
The Court remanded the case, directing the Board to evaluate Mr. Meuzelaar’s left hip disability continuously, including evidence beyond October 2019, and account for the recent increase to 100% disability following his hip replacement. This decision affirms that veterans are entitled to thorough, ongoing assessments when seeking higher ratings for worsening conditions.
Our team remains dedicated to ensuring veterans receive fair evaluations and the full benefits they deserve for their service-connected disabilities.
Victory for Veteran’s Right to Earlier SMC Award: Court Orders Board to Reassess Effective Date
The Court of Appeals for Veterans Claims recently ruled in favor of our client, a Vietnam War veteran who sought an earlier effective date for his Special Monthly Compensation (SMC) for Aid and Attendance. The Court found that the Board of Veterans’ Appeals erred by failing to consider favorable evidence predating December 7, 2017, when evaluating the claim.
The veteran’s service-connected disabilities—including PTSD, gunshot wound residuals, and degenerative joint disease—led to severe functional limitations, requiring his wife to assist him with essential daily tasks. Although the Board awarded SMC effective from December 7, 2017, based on a physician’s report indicating his need for aid and attendance, the Court found the Board’s assessment inadequate. The Court noted the Board’s failure to review earlier medical evidence and personal testimony, including a 2009 rating decision and a 2011 statement from our client’s wife describing her role as his full-time caregiver.
The Court remanded the case, instructing the Board to determine whether evidence prior to December 2017 supports an earlier SMC award. This decision reaffirms the VA’s responsibility to assess all relevant evidence when assigning effective dates, especially when veterans continuously pursue claims for increased benefits due to worsening disabilities.
This ruling emphasizes the importance of thorough evidence evaluation in veterans’ claims. Our team remains dedicated to fighting for fair and comprehensive consideration of all veterans’ service-connected disabilities, ensuring they receive the benefits they rightfully deserve.
Victory for Veteran’s Shortness of Breath Claim: Court Orders Review of New Evidence on Burn Pit Exposure
The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought to reopen a denied claim for service connection for shortness of breath. This decision recognizes the significance of new evidence suggesting exposure to harmful substances during deployment, including burn pits, sandstorms, and smoke.
The Board initially denied our client’s request, finding that a 2015 lay statement detailing her exposure to environmental hazards during service did not constitute “new and material” evidence. The Board argued that this statement didn’t address whether she currently had a diagnosed respiratory condition, the basis for the original denial. However, the Court clarified that the Board narrowly interpreted the new evidence standard, which should include any unestablished fact necessary to substantiate the claim.
Our client’s statement of burn pit exposure represents a new theory for service connection, particularly in light of recent legislation linking burn pit exposure to respiratory issues. The Court agreed that this evidence should prompt reconsideration of the claim. It remanded the case, instructing the Board to evaluate the materiality of the new evidence and determine whether it warrants reopening the service connection claim for shortness of breath.
This ruling emphasizes that the VA must consider all potential service-related health impacts, especially with emerging evidence about the long-term effects of environmental exposures during deployment. Our team remains committed to advocating for veterans’ rights to have their claims fully and fairly evaluated.
WHG chalks up another crucial win for a veteran client before the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision, which denied a higher disability rating for our client’s service-connected depressive disorder. This decision gives our client another opportunity to obtain a more accurate evaluation of his mental health condition.
The Board denied the veteran’s request for a rating higher than 30%, stating that findings from an April 2020 private mental health exam were not replicated in other examinations. However, the Board failed to explain which findings were not replicated or why it dismissed important evidence, including the January and February 2020 VA treatment records. The Court found this omission to be an error and ruled that the Board did not provide adequate reasons for its decision.
The Court agreed with our argument that the Board needed to review the earlier 2020 medical records. These records contain relevant evidence that could impact the veteran’s rating. The Board must now reassess the claim and reconsider the evidence supporting a higher disability rating.
This victory ensures our client’s claim will receive a fresh review, with all relevant evidence considered. If you need assistance with a VA disability claim or appeal, contact our experienced team today for a free consultation. We specialize in helping veterans secure the benefits they deserve.
Our client, a U.S. Army veteran, recently won a significant victory at the Court of Appeals for Veterans Claims. The Court ordered the Board of Veterans’ Appeals to reexamine his disability claim related to bilateral thumb arthritis, which he believes originated from his active service in the 1980s.
Our client initially sought compensation in 2017, but the VA denied his claim. He cited service-related injuries, including repeated parachute jumps and sports incidents, which he claims led to arthritis in his thumbs. The VA examiner dismissed his account, attributing his condition to aging rather than military service.
The Board found the VA’s assessment inadequate in 2020 and ordered a new review. Subsequent opinions continued to ignore critical service records and our client’s testimony of in-service injuries. In August 2022, a joint motion for remand questioned the Board’s negative findings, noting that our client never claimed continuous symptoms. Instead, he argued that the arthritis developed due to untreated in-service injuries.
The Court found the Board’s final denial of his claim in December 2022 lacked sufficient reasoning. The Court now requires the Board to fully consider the veteran’s reports, review the evidence of in-service injuries, and evaluate the 2015 X-ray findings. CAVC also rejected the Secretary’s argument that a prior joint motion for remand did not require the Board to complete this full review.
This case highlights the importance of ensuring that veterans’ testimonies and service records receive fair consideration. We are honored to support veterans like our client in their pursuit of justice
We are pleased to announce a significant victory for our client at the Court of Appeals for Veterans Claims. The Court agreed that the Board of Veterans’ Appeals erred in denying service connection for his Chronic Fatigue Syndrome (CFS). The Board failed to provide adequate reasons for dismissing the favorable medical opinion from his private physician.
Background
The veteran honorably served in the U.S. Army from October 1986 to December 1994, including deployment during Operation Desert Storm. Throughout his service and afterward, he experienced symptoms like chronic fatigue, sleep disturbances, and memory issues. Despite these ongoing symptoms, the Department of Veterans Affairs (VA) attributed his fatigue to other conditions like PTSD and sleep apnea.
Private Medical Evidence Ignored
In April 2019, and again in October 2021, a private physician, diagnosed the veteran with CFS. She based her diagnosis on his persistent symptoms and ruled out other clinical conditions that might cause similar issues. She documented symptoms such as profound fatigue, non-restorative sleep, memory fog, and muscle aches.
Board’s Error
The Board denied his claim, stating that he did not have a current diagnosis of CFS. They gave “little to no probative value” to the doctor’s diagnosis, arguing that she did not properly exclude other conditions that produce similar symptoms. However, the Court found that the Board improperly dismissed the private medical opinion without adequate explanation.
Court’s Decision
The Court agreed with us that the Board failed to provide sufficient reasons for rejecting the favorable medical evidence. By not adequately addressing this medical opinion, the Board did not fulfill its duty to fully assess all relevant evidence. The Court vacated the Board’s decision and remanded the case for readjudication.
What This Means for Veterans
This victory underscores the importance of the VA thoroughly considering private medical evidence. Veterans are entitled to have all favorable evidence properly evaluated when determining service connection for their disabilities.
We Are Here to Help
If you or a loved one are facing challenges with a VA disability claim, especially involving conditions like Chronic Fatigue Syndrome, our experienced team is ready to assist. We are committed to ensuring that veterans receive the benefits they have rightfully earned.
We recently secured a significant win for our veteran client at the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision which denied our client’s claims for service connection for hypertension and a spine disability. It ordered the Board to reconsider these claims with clearer reasoning.
The Court agreed that the Board erred by limiting its review of the hypertension claim to the PACT Act. The Board must now consider whether the veteran’s hypertension is connected to his service on other legal grounds beyond the PACT Act. Failing to consider service connection on a basis other than that provided for in the PACT Act is an error we see time and time again at the Board.
The spine disability claim also required remand because the Board’s reasoning was inconsistent. In June 2022, the Board found the veteran’s testimony about his back pain credible and remanded the case for further medical review. However, in a later decision, the Board denied the claim, stating that the veteran’s testimony was inconsistent and not credible, without explaining the change in its reasoning. The Court ordered the Board to reexamine the veteran’s credibility and ensure consistency with the previous findings.
This ruling provides the veteran another opportunity to present his case for both claims, with the Board now required to offer a clearer explanation for its decisions.
If you or a loved one need help with a VA disability claim or appeal, contact us today for a free consultation. WHG specializes in helping veterans receive the disability benefits they deserve.
Inadequate Medical Opinions Lead to Remand of Veteran’s Foot Condition and TDIU Claims
We are excited to share a recent victory for our client before the Court of Appeals for Veterans Claims. The Court agreed that the Board relied on inadequate medical opinions when denying our client’s claim for a bilateral foot condition. The Court also recognized that her Total Disability Individual Unemployability (TDIU) claim is closely linked to her foot condition claim. As a result, both claims have been set aside and remanded for further review.
Inadequate Medical Examinations Failed to Address Specifics
The Board relied on two VA medical examinations from December 2021 and July 2022. Both examinations concluded that our client’s obesity was not caused or aggravated by her service-connected ankle condition. They stated that obesity results from excessive caloric intake and insufficient exercise, offering only general information. However, these examinations failed to address our client’s specific circumstances and how her ankle condition may limit her ability to exercise.
Court Recognizes the Need for Adequate Medical Opinions
The Court highlighted that VA’s duty to assist includes providing adequate medical examinations. An examination must describe the disability in enough detail to allow for a fully informed evaluation. The Court agreed that the medical opinions did not meet this standard. They did not provide sufficient rationale or consider our client’s individual situation.
TDIU Claim Remanded as It Is Intertwined
Our client’s TDIU claim is inextricably intertwined with her foot condition claim. A favorable decision on her foot condition could significantly impact her eligibility for TDIU benefits. Recognizing this connection, the Court remanded both claims for proper adjudication.
What This Means for Our Client
This remand offers a fresh opportunity to present comprehensive medical evidence supporting our client’s claims. We will ensure that any new medical examinations thoroughly address how her service-connected conditions affect her obesity and foot condition. Our goal is to secure the benefits she rightfully deserves.
We Are Here to Help
If you or a loved one face challenges with VA disability claims, especially involving inadequate medical examinations, we are here to assist. Our experienced team is dedicated to advocating for veterans’ rights and ensuring they receive the benefits they have earned.
WHG is proud to announce another recent success before the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision that denied our client’s claims for service connection for prostate cancer due to contaminated water exposure at Camp Lejeune and entitlement to Total Disability Individual Unemployability (TDIU).
The Board denied the veteran’s prostate cancer claim, finding that the medical nexus opinion linking his cancer to contaminated water at Camp Lejeune was “speculative” and “inconclusive.” This decision relied on language that seemed to mix legal standards, leaving uncertainty about whether the Board applied the correct “as likely as not” standard for service connection claims.
The Court agreed with our argument that the Board’s reasoning was unclear, leading to confusion about whether a higher burden of proof was improperly applied. As a result, the Court remanded the case, requiring the Board to provide a clear explanation of its reasoning and to reassess the evidence.
Additionally, the Court remanded the veteran’s TDIU claim because it was intertwined with the outcome of the prostate cancer claim. This victory ensures our client will receive another opportunity to pursue the benefits he earned for his service.
If you or a loved one have been denied VA benefits, contact us today for expert assistance in appealing your claim.
WHG recently achieved a significant win for our client at the Court of Appeals for Veterans Claims. The Court vacated a Board of Veterans’ Appeals decision, which denied our client’s claim for a higher disability rating for his service-connected bipolar disorder.
The Court agreed with our position that the Board failed to consider key evidence of employment gaps and symptoms before December 6, 2017. The Board had neglected to review a September 2017 vocational rehabilitation report. The report highlighted that our client was working in a job unsuitable for his condition, worsening his service-connected disability, and preventing him from sustaining employment. Despite this, the Board denied his request for a higher disability rating before December 2017, without considering these details.
Furthermore, we presented evidence of worsening symptoms after December 6, 2017, which included memory loss and disorientation while driving. The Board failed to discuss these symptoms, which could justify a rating higher than 70%. The Court found that the Board did not adequately explain its decision and ordered the Board to reassess the evidence.
This ruling ensures that our client’s disability claim will be properly reevaluated. If you believe your VA disability rating doesn’t reflect your true condition, contact us for help navigating the appeals process. The Court’s decision represents a major step forward in ensuring veterans receive fair compensation for their service-connected disabilities.
