Court of Appeals for Veterans Claims

WHG chalks up another crucial win for a veteran client before the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision, which denied a higher disability rating for our client’s service-connected depressive disorder. This decision gives our client another opportunity to obtain a more accurate evaluation of his mental health condition.

The Board denied the veteran’s request for a rating higher than 30%, stating that findings from an April 2020 private mental health exam were not replicated in other examinations. However, the Board failed to explain which findings were not replicated or why it dismissed important evidence, including the January and February 2020 VA treatment records. The Court found this omission to be an error and ruled that the Board did not provide adequate reasons for its decision.

The Court agreed with our argument that the Board needed to review the earlier 2020 medical records. These records contain relevant evidence that could impact the veteran’s rating. The Board must now reassess the claim and reconsider the evidence supporting a higher disability rating.

This victory ensures our client’s claim will receive a fresh review, with all relevant evidence considered. If you need assistance with a VA disability claim or appeal, contact our experienced team today for a free consultation. We specialize in helping veterans secure the benefits they deserve.

Our client, a U.S. Army veteran, recently won a significant victory at the Court of Appeals for Veterans Claims. The Court ordered the Board of Veterans’ Appeals to reexamine his disability claim related to bilateral thumb arthritis, which he believes originated from his active service in the 1980s.

Our client initially sought compensation in 2017, but the VA denied his claim. He cited service-related injuries, including repeated parachute jumps and sports incidents, which he claims led to arthritis in his thumbs. The VA examiner dismissed his account, attributing his condition to aging rather than military service.

The Board found the VA’s assessment inadequate in 2020 and ordered a new review. Subsequent opinions continued to ignore critical service records and our client’s testimony of in-service injuries. In August 2022, a joint motion for remand questioned the Board’s negative findings, noting that our client never claimed continuous symptoms. Instead, he argued that the arthritis developed due to untreated in-service injuries.

The Court found the Board’s final denial of his claim in December 2022 lacked sufficient reasoning. The Court now requires the Board to fully consider the veteran’s reports, review the evidence of in-service injuries, and evaluate the 2015 X-ray findings. CAVC also rejected the Secretary’s argument that a prior joint motion for remand did not require the Board to complete this full review.

This case highlights the importance of ensuring that veterans’ testimonies and service records receive fair consideration. We are honored to support veterans like our client in their pursuit of justice

Victory for Veteran’s Right to Earlier SMC Award: Court Orders Board to Reassess Effective Date

The Court of Appeals for Veterans Claims recently ruled in favor of our client, a Vietnam War veteran who sought an earlier effective date for his Special Monthly Compensation (SMC) for Aid and Attendance. The Court found that the Board of Veterans’ Appeals erred by failing to consider favorable evidence predating December 7, 2017, when evaluating the claim.

The veteran’s service-connected disabilities—including PTSD, gunshot wound residuals, and degenerative joint disease—led to severe functional limitations, requiring his wife to assist him with essential daily tasks. Although the Board awarded SMC effective from December 7, 2017, based on a physician’s report indicating his need for aid and attendance, the Court found the Board’s assessment inadequate. The Court noted the Board’s failure to review earlier medical evidence and personal testimony, including a 2009 rating decision and a 2011 statement from our client’s wife describing her role as his full-time caregiver.

The Court remanded the case, instructing the Board to determine whether evidence prior to December 2017 supports an earlier SMC award. This decision reaffirms the VA’s responsibility to assess all relevant evidence when assigning effective dates, especially when veterans continuously pursue claims for increased benefits due to worsening disabilities.

This ruling emphasizes the importance of thorough evidence evaluation in veterans’ claims. Our team remains dedicated to fighting for fair and comprehensive consideration of all veterans’ service-connected disabilities, ensuring they receive the benefits they rightfully deserve.

Victory for Veteran’s Shortness of Breath Claim: Court Orders Review of New Evidence on Burn Pit Exposure

The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought to reopen a denied claim for service connection for shortness of breath. This decision recognizes the significance of new evidence suggesting exposure to harmful substances during deployment, including burn pits, sandstorms, and smoke.

The Board initially denied our client’s request, finding that a 2015 lay statement detailing her exposure to environmental hazards during service did not constitute “new and material” evidence. The Board argued that this statement didn’t address whether she currently had a diagnosed respiratory condition, the basis for the original denial. However, the Court clarified that the Board narrowly interpreted the new evidence standard, which should include any unestablished fact necessary to substantiate the claim.

Our client’s statement of burn pit exposure represents a new theory for service connection, particularly in light of recent legislation linking burn pit exposure to respiratory issues. The Court agreed that this evidence should prompt reconsideration of the claim. It remanded the case, instructing the Board to evaluate the materiality of the new evidence and determine whether it warrants reopening the service connection claim for shortness of breath.

This ruling emphasizes that the VA must consider all potential service-related health impacts, especially with emerging evidence about the long-term effects of environmental exposures during deployment. Our team remains committed to advocating for veterans’ rights to have their claims fully and fairly evaluated.

Court Victory for Veteran’s Hip Disability: Remand Ordered for Full Rating Consideration

The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought higher ratings for his left hip osteoarthritis beyond October 24, 2019. The Board of Veterans’ Appeals erred by limiting its review to a short “review period,” ending on the notification date of the initial rating decision, thus excluding later evidence of his worsening condition. The Court agreed with our position that not only is there no support for this in the law, but it also results in a bizarre outcome under the Appeals Modernization Act. This was unfortunately the second time the Board made this error in this veteran’s claims. And despite our efforts, we could not get VA’s attorneys to agree to instruct the Board that its understanding of the law was clearly wrong, thus necessitating a brief to the Court.

Mr. Meuzelaar initially received a 10% rating for left hip osteoarthritis in October 2019 but requested a higher rating due to ongoing difficulties. Although the Board granted a partial increase for limitation of adduction, it failed to consider his condition after October 2019. The Court clarified that the Veterans Appeals Improvement and Modernization Act (AMA) does not restrict the Board’s review to an artificial period ending with a rating notification. The Board’s narrow interpretation led to a nonsensical outcome, leaving Mr. Meuzelaar’s rating unresolved despite clear evidence of his condition’s progression.

The Court remanded the case, directing the Board to evaluate Mr. Meuzelaar’s left hip disability continuously, including evidence beyond October 2019, and account for the recent increase to 100% disability following his hip replacement. This decision affirms that veterans are entitled to thorough, ongoing assessments when seeking higher ratings for worsening conditions.

Our team remains dedicated to ensuring veterans receive fair evaluations and the full benefits they deserve for their service-connected disabilities.