WHG is proud to announce a significant victory for our client at the Court of Appeals for Veterans Claims. We avoided a lengthy briefing process and convinced VA and its lawyers that the Board of Veterans’ Appeals erred by not addressing the 2019 testimony of our client and his wife.
Board Failed to Provide Adequate Reasons or Bases
The law requires the Board to provide a written statement of reasons or bases for its findings on all material issues. This ensures that the claimant understands the precise basis for the Board’s decision and facilitates judicial review.
In this case, the Board did not discuss the September 2019 testimony from our client and his wife. Their testimony detailed severe symptoms experienced throughout the period on appeal, which are relevant to the veteran’s disability rating.
Key Testimony Overlooked
Our client’s wife testified about his struggles with memory, including forgetting locations while driving and missing important dates. She also reported that he needed constant reminders to maintain personal hygiene and that he experienced daily hallucinations.
She described his hallucinations as him talking to himself and gesturing as if in conversation with others. She also testified about his suicidal ideation and instances where he expressed a desire to “end it.”
Our client confirmed these symptoms during his testimony. He discussed his hallucinations, memory issues, and recurrent thoughts of suicide.
Court Orders Remand for Proper Evaluation
The Board failed to consider this crucial testimony when assessing whether the veteran’s symptoms warranted a higher disability rating. By not addressing this evidence, the Board did not provide an adequate statement of reasons or bases for its decision.
The Court has remanded the case, requiring the Board to properly address the testimony and provide sufficient reasons for its determinations.
WHG Stands Ready to Help
If you or a loved one face challenges with a VA disability claim, we are here to help. Our experienced team is dedicated to securing the benefits you rightfully deserve.