Our client, an Air Force veteran, recently achieved a significant victory before the Court of Appeals for Veterans Claims. The veteran sought an increase in his 50% disability rating for Major Depressive Disorder (MDD), arguing that his condition warranted a higher evaluation.

The Board of Veterans’ Appeals denied his appeal, but failed to address crucial lay statements from him and his wife. These statements detailed significant memory issues, suicidal thoughts, and struggles with anxiety and depression. The Board overlooked this evidence, instead relying on VA and private exams that did not fully account for his symptoms.

The Court ruled that the Board erred by not discussing this relevant evidence, especially since memory loss and suicidal ideations are critical factors in determining disability ratings for MDD. The Court emphasized that lay statements are important in evaluating the severity of mental health conditions and ordered the Board to reconsider the case.

This ruling is a reminder that veterans deserve a thorough review of all evidence when seeking the correct disability rating. If you believe the VA has overlooked critical evidence in your case, contact us today for help.