This case involves the special, and very powerful, Nehmer effective date rules. Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first claim…
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This case involves the BVA’s failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original c… Read More
This case involves the BVA judge’s inadequate reasoning of a denial of a veteran’s claim for an increased rating for PTSD. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA overlooked evidence of s… Read More
This case involves the BVA judge’s inadequate reasoning of his denial of a veteran’s past-due benefits in a claim for an increased rating due to an increase in the severity of the veteran’s PTSD. The appeal was resolved through a jo… Read More