Our firm recently secured a critical victory for a U.S. Army veteran at the Court of Appeals for Veterans Claims (CAVC). The Court set aside a March 2022 Board of Veterans’ Appeals decision, which had denied the veteran’s claim for VA disability compensation for post-traumatic stress disorder (PTSD) and other psychiatric disorders.
The Court found that the Board failed to properly fulfill its duty to assist and did not follow a previous Court remand order. This case involves claims of PTSD stemming from several in-service stressors, including threats from fellow soldiers and witnessing traumatic events. The Board had denied his claim by stating that his stressors lacked verification and dismissed his lay statements as inconsistent.
However, the Court determined that the Board did not adequately help the veteran corroborate his stressors. The VA had prematurely ended efforts to gather records without seeking additional details. The Court also found that the Board failed to address critical evidence, including a 1981 hospitalization for possible suicidal ideation, which could indicate in-service psychiatric symptoms.
This remand ensures that our client’s case will receive the attention it deserves, with the Board now required to critically examine his claims and fulfill its duty to assist in developing the necessary evidence. This decision highlights the importance of persistence and the veteran-friendly nature of VA claims processes. We remain committed to advocating for veterans and ensuring they receive the benefits they have earned.
Veterans dealing with denied claims should not hesitate to seek experienced legal counsel to ensure all relevant evidence is considered.