We recently secured a significant win for our veteran client at the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision which denied our client’s claims for service connection for hypertension and a spine disability. It ordered the Board to reconsider these claims with clearer reasoning.

The Court agreed that the Board erred by limiting its review of the hypertension claim to the PACT Act. The Board must now consider whether the veteran’s hypertension is connected to his service on other legal grounds beyond the PACT Act. Failing to consider service connection on a basis other than that provided for in the PACT Act is an error we see time and time again at the Board.

The spine disability claim also required remand because the Board’s reasoning was inconsistent. In June 2022, the Board found the veteran’s testimony about his back pain credible and remanded the case for further medical review. However, in a later decision, the Board denied the claim, stating that the veteran’s testimony was inconsistent and not credible, without explaining the change in its reasoning. The Court ordered the Board to reexamine the veteran’s credibility and ensure consistency with the previous findings.

This ruling provides the veteran another opportunity to present his case for both claims, with the Board now required to offer a clearer explanation for its decisions.

If you or a loved one need help with a VA disability claim or appeal, contact us today for a free consultation. WHG specializes in helping veterans receive the disability benefits they deserve.