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