Our firm successfully challenged a Board of Veterans’ Appeals decision that denied an increased rating for a veteran’s left medial tibial plateau condition following a stress fracture. We appealed to CAVC because the Board failed to adequately consider critical evidence regarding the veteran’s use of knee braces. The Court agreed to vacate the Board’s decision and remand the case for further review.

The remand is essential for the Board to address pertinent medical records, including outpatient treatment notes from November 2018, July 2019, and December 2020 which documented the veteran’s need for knee braces to enhance stability and mobility.

This case underscores the importance of thorough evidence consideration in veterans’ claims and the right to a fair reassessment. Veterans seeking increased disability ratings should be aware that all relevant evidence must be evaluated for accurate decisions. Stay informed about your rights and options by consulting experienced legal professionals specializing in veterans’ law.

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