WHG is thrilled to announce a significant victory for our client at the Court of Appeals for Veterans Claims. VA agreed that the Board of Veterans’ Appeals failed to address key favorable evidence regarding our client’s coronary artery disease (CAD) symptoms before May 24, 2022.
Our client, a dedicated veteran, has battled CAD since April 2014. The Board had denied a 60% disability rating for the period before May 24, 2022. They based their decision on a VA examination conducted on that date. The Board claimed there was no evidence showing the heart condition had worsened before then.
However, medical records tell a different story. In June 2016, a stress test showed a METs workload of 7.0. In August 2020, another evaluation indicated a METs workload of 4-6. These results suggest a more severe condition than the 10% rating accounts for.
Between 2019 and 2020, our client reported symptoms like shortness of breath and heart palpitations. These are critical indicators of worsening heart disease. In November 2022, a private physician, Dr. S.B., reviewed the medical records. He concluded that our client’s symptoms warranted a 60% rating prior to May 24, 2022.
The Board did not consider this substantial evidence. They failed to explain why they disregarded these findings. Under the law, specifically the precedent set in Allday v. Brown, the Board must provide clear reasons for its decisions. Ignoring relevant evidence violates this requirement.
The court’s order mandates a remand. This means the Board must re-evaluate our client’s case, considering all pertinent medical evidence. This outcome not only benefits our client but also reinforces the rights of other veterans facing similar challenges.
If you or a loved one struggle with a VA disability claim, especially regarding heart conditions, we are here to help. Our experienced team is committed to securing the benefits you rightfully deserve.
