Court of Appeals for Veterans Claims

Court Victory: Remand Ordered for Veteran’s IVDS Disability Ratings and TDIU Claim

The Court of Appeals for Veterans Claims recently ruled in favor of our client, remanding four claims related to his disability ratings and Total Disability Individual Unemployability (TDIU). This decision addresses errors in the Board’s handling of his left leg radiculopathy, sciatica, IVDS, and TDIU ratings.

VA conceded the Board’s failure to adequately assess Mr. Northedge’s left leg radiculopathy and sciatica ratings. Specifically, the Board ignored evidence of worsening nerve pain and “mild” pain ratings that didn’t reflect the severity of his symptoms. The Court agreed with this concession, ordering the Board to reassess these ratings.

The veteran’s primary contested claims involved his IVDS rating and TDIU status before November 12, 2015. For his IVDS, the Court found the Board did not fulfill its duty to maximize benefits by considering staged ratings during periods of symptom worsening before his 2015 surgery. Additionally, the Board failed to address TDIU by not considering if the veteran was working in a protected work environment. He received accommodations, such as wheelchair use and hospital transport, and used leave rather than working.

The Court concluded that the Board’s approach ignored key evidence. It emphasized that, when claims are intertwined, as with the veteran’s IVDS rating and TDIU, remand ensures proper review of both. This decision affirms the VA’s duty to fully evaluate veterans’ service-connected disabilities and potential entitlements under law.

Our team is committed to fighting for veterans’ rights to comprehensive evaluations, ensuring they receive the full benefits they deserve.

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.

Veterans Court Victory: Client’s PTSD Claim Remanded for Reconsideration

Our firm recently achieved a significant win for a U.S. Army veteran at the Court of Appeals for Veterans Claims. The veteran served from 1978 to 1984 as a hospital food services specialist. He sustained injuries during service, including a traumatic incident involving his forehead and nose. The veteran also faced disciplinary actions and later reported being a victim of sexual assault by his ex-wife.

The Board of Veterans’ Appeals denied the veteran’s claim for service connection for PTSD. The Court, however, found the Board failed to properly assess whether the veteran’s in-service stressors, including personal assaults and the Oktoberfest bombings in Germany, had been adequately verified.

The Court ruled that the VA did not fully meet its duty to assist in verifying the stressors and failed to notify the veteran of alternate ways to prove PTSD claims stemming from personal assaults. The Court also noted that the Board did not consider whether the veteran’s disciplinary actions during service could indicate behavioral changes consistent with personal trauma.

This ruling highlights the importance of ensuring thorough evaluation and record requests by the VA when adjudicating claims for service-connected disabilities. The Court remanded the veteran’s PTSD claim for further investigation, ensuring another chance at obtaining the benefits he deserves. For more information on how we can assist with your VA claim, contact our office today.

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.

Our client, an Air Force veteran, recently achieved a significant victory before the Court of Appeals for Veterans Claims. The veteran sought an increase in his 50% disability rating for Major Depressive Disorder (MDD), arguing that his condition warranted a higher evaluation.

The Board of Veterans’ Appeals denied his appeal, but failed to address crucial lay statements from him and his wife. These statements detailed significant memory issues, suicidal thoughts, and struggles with anxiety and depression. The Board overlooked this evidence, instead relying on VA and private exams that did not fully account for his symptoms.

The Court ruled that the Board erred by not discussing this relevant evidence, especially since memory loss and suicidal ideations are critical factors in determining disability ratings for MDD. The Court emphasized that lay statements are important in evaluating the severity of mental health conditions and ordered the Board to reconsider the case.

This ruling is a reminder that veterans deserve a thorough review of all evidence when seeking the correct disability rating. If you believe the VA has overlooked critical evidence in your case, contact us today for help.