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.