» 38 USC 7104(d)
Client Win: CAVC No. 21-0394, (BVA erred in denying past-due benefits in claim for an increased rating)
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…
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Client Win: CAVC No. 20-8383, (BVA denial of entitlement to TDIU usurped Agency's jurisdiction)
This case involves a veteran’s entitlement to TDIU, but it demonstrates some of the backwards logic that invades the BVA’s interpretation of the AMA Appeals process. The appeal was resolved through a joint motion to remand. ISSUE ON APPEA…
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Client Win: CAVC No. 20-834, Braun v. McDonough (BVA denied TDIU rating due to PTSD)
This case involves a Marine veteran (1985 to 1991) who sought a TDIU 100 percent rating for his service-connected PTSD. The appeal to the CAVC was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA denied TDIU rating due to P…
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Client Win: CAVC No. 20-1697, Booker v. Wilkie (C&P opinion ignores continuity of symptomatology)
This case involves a US Army veteran (1984 – 1988) appealing a denial of service connection based on the failure of the C&P opinion to address continuity of symptomatology for a lumbar spine injury to the Board of Veterans Appeals (BVA). Th…
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Client Win: CAVC No. 20-4843, C.Smith v. McDonough (Agent Orange exposure in Thailand)
This case involved a US Army veteran (1967 to 1971) who was seeking service connection for hypertension, congestive heart failure, Type II diabetes, stroke, and atrial fibrillation due to agent orange exposure in Thailand during the Vietnam war. The…
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Client Win: CAVC No. 20-2705, Clifton v. Wilkie (BVA decision overlooked earlier effective date argument)
This case involves a BVA decision for a US Army veteran (1979 – 1985) who sought an earlier effective date for the grant of service connection for his hypertensive kidney disease. The appeal was resolved through a joint motion to remand. ISSUE…
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Client Win: CAVC No. 20 - 2297, Backlund v. Wilkie (VA C&P Examiner ignores prior BVA order)
This case involves the BVA appeal of an Army veteran (1976 to 1977) who was appealing the denial of service connection for an acquired psychiatric condition. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (VA C&…
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Client Win: CAVC No. 20-4774, Scott v. McDonough (BVA ignores evidence of total occupational and social impairment)
This case involves involves an Air Force veteran (2000, 2003 – 2004) and his appeal to the BVA seeking a rating above 50% for his service-connected PTSD due to suicidal ideation and total occupational and social impairment. The appeal was resol…
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Client Win: CAVC No. 20-1992, Ahorrio Toledo v. Wilkie (BVA Denied TDIU claim without discussing veteran's education & work history )
This case involves a US Army veteran’s (1975 to 1998) appeal to the BVA seeking an increased rating for a psychiatric disorder, right lower extremity radiculopathy, and the VA’s denial of his TDIU claim. ISSUE ON APPEAL TO THE CAVC: BVA d…
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Client Win: CAVC No. 15-1473, Vineyard v. McDonald (Service Connection of a Shoulder Injury)
This case involves 3 errors made by the BVA Veterans Law Judge in denying service connection of a shoulder injury. First, the Board of Veterans Appeals is required to address certain evidence favorable to a veteran. 38 U.S.C. § 7104(d)(1). The BVA d…
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