Our firm recently secured a major victory at the Court of Appeals for Veterans Claims for a veteran client. The Court vacated a Board of Veterans’ Appeals decision that denied benefits for coronary artery disease (CAD). The veteran, who served in the U.S. Army from 1964 to 1969, sought service connection for CAD, attributing his condition to exposure to Agent Orange while stationed in Okinawa, Japan.
The Court ruled that the Board did not adequately address evidence that could support the veteran’s claim of herbicide exposure. Our argument highlighted that the veteran’s military duties, involving classified chemical operations, and several news articles about herbicide use in Okinawa warranted deeper consideration. Additionally, the Court agreed that the Board failed to evaluate the veteran’s symptoms of chest pain and hemoptysis during service, which could potentially indicate early signs of CAD.
The Court also found that the veteran was denied his right to a medical examination, despite repeated requests. The Board’s failure to address this issue was a key factor in the remand. Now, the veteran will have another opportunity to present his case, including a new examination to evaluate the connection between his CAD and military service.
This ruling is a significant win, ensuring that the VA must thoroughly evaluate all relevant evidence and uphold its duty to assist veterans. Our firm remains dedicated to securing the benefits veterans deserve, and we are proud to have helped this veteran take another step toward the compensation he earned.
If you or a loved one need assistance with a VA disability claim, contact us for a free consultation.