Great win for our client after filing a brief challenging a Board of Veterans’ Appeals’ May 24, 2023, decision. The U.S. Court of Appeals for Veterans Claims vacated the Board’s denial of service connection for a back disability and a sleep disorder. VA and its counsel, after reading our brief, agreed that the Board failed to provide an adequate explanation for its decision.
The Board erred by not addressing key evidence related to the back disability claim. Specifically, it overlooked a July 2006 statement where our client reported back problems for over 25 years. This evidence contradicted the Board’s claim that no post-service back complaints existed before February 2011.
Additionally, the Board failed to fully address whether snoring, as a symptom of a potential sleep disorder, warranted further examination. Although the Board acknowledged snoring, it failed to consider the October 2021 medical note suggesting sleep apnea. The Court remanded the case for proper evaluation of this evidence and ordered a thorough reassessment of the sleep disorder claim.
This remand will ensure that all relevant evidence is considered, improving the likelihood of a favorable outcome for our client.
