Our client recently secured a significant victory before the Court of Appeals for Veterans Claims. Mr. Lopez served from 1992 to 1994, experiencing multiple stressors while stationed on the U.S.S. Juneau in Somalia. He filed claims for PTSD, left ear hearing loss, and TDIU, but the VA denied these claims. After appealing, our client sought further review, resulting in a favorable ruling from the Court.
The Court found that the Board of Veterans’ Appeals (BVA) failed to meet its duty to assist in several areas. First, the BVA improperly denied the veterans claim for Major Depressive Disorder (MDD). His service records clearly reflected psychiatric symptoms, such as claustrophobia, panic, and shortness of breath, which the Board overlooked. The Court ordered the VA to reconsider his MDD claim and provide a new medical exam.
Regarding PTSD, the Court noted Mr. Lopez had given sufficient information to verify his stressors through the Joint Services Records Research Center (JSRRC), yet the VA failed to request a record search. The Court remanded the PTSD claim for further investigation and review.
Additionally, the Court found VA audiology exams inconclusive regarding Mr. Lopez’s hearing loss. The VA did not attempt to obtain Department of Corrections records relevant to his hearing exam, prejudicing his case. The Court ordered a remand for further development of these records.
Lastly, the Court agreed that Mr. Lopez’s Total Disability based on Individual Unemployability (TDIU) claim must be reconsidered, contingent on his service-connection claims. This victory underscores the importance of ensuring VA complies with its duty to assist veterans.
If you’ve received an unfavorable Board decision, please contact our office to discuss a possible appeal to CAVC.