Court of Appeals for Veterans Claims

WHG scored another win for our client at the Court of Appeals for Veterans Claims. The Department of Veterans Affairs and its attorneys agreed that the Board of Veterans’ Appeals failed to properly evaluate our client’s statements about ongoing back pain since service. This oversight impacted the denial of service connection for his degenerative arthritis of the spine.

Board Overlooked Veteran’s Continuous Symptoms

Our client reported back pain during military service and consistently afterward. Medical records show he expressed back pain since 1992. The Board acknowledged his in-service complaints but didn’t adequately assess his statements about continuous symptoms.

Instead, the Board relied on three VA examinations from June 2017, December 2019, and July 2020. These examinations dismissed his reports and focused on the absence of medical records immediately after service.

Inadequate VA Examinations Ignored Key Evidence

The VA examiners concluded that his back condition wasn’t service-connected. They based their opinions on the lack of major injuries in service and no continuous treatment records.

However, they failed to consider our client’s consistent reports of back pain since service. They also improperly relied on the absence of medical records, which isn’t a valid reason under the law.

Court Orders Remand for Proper Evaluation

VA’s attorneys agreed that the Board provided an inadequate statement of reasons for its decision. The Board didn’t properly analyze the credibility and value of our client’s statements. Upon remand, we will also argue that the VA examinations were inadequate because they ignored his reports of persistent symptoms.

The Board must now reassess our client’s claim, properly consider his statements, and potentially obtain a new, adequate medical examination.

We Can Help with Your VA Disability Claim

If you or a loved one face challenges with a VA disability claim, we are here to help. Our experienced team is dedicated to securing the benefits you rightfully deserve.

WHG is proud to announce a significant victory for our client at the Court of Appeals for Veterans Claims. We avoided a lengthy briefing process and convinced VA and its lawyers that the Board of Veterans’ Appeals erred by not addressing the 2019 testimony of our client and his wife.

Board Failed to Provide Adequate Reasons or Bases

The law requires the Board to provide a written statement of reasons or bases for its findings on all material issues. This ensures that the claimant understands the precise basis for the Board’s decision and facilitates judicial review.

In this case, the Board did not discuss the September 2019 testimony from our client and his wife. Their testimony detailed severe symptoms experienced throughout the period on appeal, which are relevant to the veteran’s disability rating.

Key Testimony Overlooked

Our client’s wife testified about his struggles with memory, including forgetting locations while driving and missing important dates. She also reported that he needed constant reminders to maintain personal hygiene and that he experienced daily hallucinations.

She described his hallucinations as him talking to himself and gesturing as if in conversation with others. She also testified about his suicidal ideation and instances where he expressed a desire to “end it.”

Our client confirmed these symptoms during his testimony. He discussed his hallucinations, memory issues, and recurrent thoughts of suicide.

Court Orders Remand for Proper Evaluation

The Board failed to consider this crucial testimony when assessing whether the veteran’s symptoms warranted a higher disability rating. By not addressing this evidence, the Board did not provide an adequate statement of reasons or bases for its decision.

The Court has remanded the case, requiring the Board to properly address the testimony and provide sufficient reasons for its determinations.

WHG Stands Ready to Help

If you or a loved one face challenges with a VA disability claim, we are here to help. Our experienced team is dedicated to securing the benefits you rightfully deserve.

WHG is thrilled to announce a recent victory for our client at the Court of Appeals for Veterans Claims. VA agreed the Board erred in denying our client a disability rating higher than 50% for his mental health condition.

Board Failed to Apply Proper Legal Analysis

The Board did not properly analyze our client’s symptoms under the legal standards set by Vazquez-Claudio v. Shinseki. This case requires a two-step process to evaluate mental disorder claims. First, determine if the veteran has symptoms listed in the higher rating criteria or similar ones. Second, assess whether these symptoms cause the level of impairment specified for that rating.

Symptoms Overlooked or Misinterpreted

The Board focused on symptoms our client did not exhibit, such as suicidal ideation. It failed to evaluate the severity, frequency, and duration of the symptoms he did have. Our client experienced verbal aggression, irritability, and social withdrawal. The Board dismissed these symptoms because they did not exactly match the examples listed in the 70% rating criteria.

Inadequate Consideration of Impaired Impulse Control

Our client reported verbal aggression toward his girlfriend and had an incident leading to his arrest. The Board incorrectly concluded that, without physical violence, these symptoms did not indicate impaired impulse control. However, the criteria include unprovoked irritability with periods of violence as examples, not requirements.

Board Relied on an Inadequate VA Examination

WHG also argued that the Board based its decision on a 2017 VA examination that lacked detail about our client’s symptoms. The examiner provided minimal information and did not discuss how the symptoms affected his occupational or social functioning. This inadequate examination failed to inform the Board fully about the severity of our client’s condition. We will continue to pursue this argument before the Board.

What This Means for Our Client

The Court’s decision mandates a remand for the Board to reassess our client’s claim properly. The Board must evaluate his symptoms according to the correct legal standards and consider whether they warrant a higher disability rating.

We Are Here to Help

If you or a loved one believe the VA has unfairly rated your disability, we can help. Our experienced team is dedicated to securing the benefits you rightfully deserve.

WHG notches another victory for our client before the Court of Appeals for Veterans Claims. The Court ordered the claim remanded after the parties agreed the Board of Veterans’ Appeals failed to provide adequate reasons for denying our client’s entitlement to Total Disability Individual Unemployability (TDIU).

Board Ignored Favorable Evidence Supporting TDIU

The Board must explain its decisions clearly, enabling veterans to understand the basis and allowing for effective judicial review. In this case, the Board relied on selective medical records indicating our client could perform daily activities, like walking two blocks without trouble.

However, the Board ignored numerous medical records that supported our client’s inability to work. In March 2014, he reported dizziness, lightheadedness, and dyspnea. In July 2014, he experienced increased shortness of breath, fatigue, and lower extremity edema, significantly limiting his activity. Subsequent records noted chest tightness, leg swelling, and worsening dyspnea.

By not addressing this favorable evidence, the Board failed its duty to consider all relevant information.

Failure to Apply Ray v. Wilkie Non-Economic Factors

The Board also erred by not properly assessing whether our client could maintain substantially gainful employment under the non-economic factors outlined in Ray v. Wilkie. Although he last worked full-time in 1999, the Board concluded he could engage in sedentary work without considering how his symptoms—chest tightness, shortness of breath, and leg edema—would impact his ability to perform such work.

Court Orders Remand for Proper Evaluation

The Court remanded the case, requiring the Board to provide an adequate explanation for its decision. The Board must now consider all favorable evidence and properly apply the non-economic factors affecting employability.

We Are Here to Help

If you or a loved one are struggling with a VA disability claim or TDIU denial, our experienced team is ready to assist. We are committed to securing the benefits you deserve.

WHG is delighted to announce a significant victory for our client at the Court of Appeals for Veterans Claims. In a joint motion signed by WHG and VA’s counsel, VA agreed that the Board of Veterans’ Appeals erred in denying our client’s entitlement to Special Monthly Compensation (SMC) based on the need for aid and attendance.

Board Failed to Separate Service-Connected and Non-Service-Connected Disabilities

The Board did not discuss the separate effects of our client’s service-connected and non-service-connected disabilities. According to 38 C.F.R. § 3.352(a), the need for regular aid and attendance can be established if the veteran is unable to dress, keep clean, or requires assistance to protect from daily hazards. The Board must consider if service-connected disabilities alone warrant aid and attendance.

Benefit of the Doubt Doctrine Not Applied

The Board also failed to apply the benefit of the doubt doctrine. When it’s impossible to separate the effects of service-connected and non-service-connected disabilities on a veteran’s need for aid and attendance, the law requires attributing inseparable symptoms to the service-connected disability. The Board did not conduct this analysis.

Inadequate Examination Relied Upon

WHG also argued that the Board relied on an inadequate March 2023 VA examination. The examiner provided inconsistent information about our client’s ability to walk and leave home. The examination did not clearly identify whether symptoms like weakness and instability were due to service-connected neuropathy.

Court Orders Remand for Proper Evaluation

The Court remanded the case, instructing the Board to provide adequate reasons or bases for its decision. The Board must now assess the separate effects of our client’s disabilities and apply the benefit of the doubt doctrine. Additionally, the Board must obtain an adequate medical examination.

We Stand Ready to Help

If you or a loved one need assistance with a VA disability claim, especially involving aid and attendance benefits, we are here to help. Our experienced team is committed to securing the benefits you rightfully deserve.