Our firm recently secured a victory for our client veteran at the Court of Appeals for Veterans Claims (CAVC). We appealed a Board of Veterans’ Appeals decision from February 2023 that denied him an initial disability rating above 50% for his depressive disorder.
The veteran, a U.S. Army and Air Force veteran, argued that the Board failed to consider his entire disability picture. The Board had focused on individual symptoms rather than the overall impact of his condition. His depression, linked to his service-connected tinnitus, caused significant sleep disturbances, irritability, and reduced interest in activities. Despite this, the Board concluded his symptoms did not justify a higher 70% rating.
The Court agreed with our argument, finding that the Board wrongly relied on evidence outside the appropriate time period. This included post-2020 medical records, which should not have influenced the Board’s decision. The Court determined that the Board failed to provide adequate reasons for its decision and remanded the case for further proceedings.
This victory ensures that our client’s case will receive the thorough review it deserves. Veterans like our client deserve fair consideration of all relevant evidence to obtain the appropriate disability rating for their service-connected conditions. We remain dedicated to advocating for veterans’ rights and securing the benefits they have earned.
For veterans seeking assistance with appeals, this case highlights the importance of detailed legal review and persistence in the fight for deserved benefits.