» effective date
Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)
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…
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Client Win: CAVC No. 20-6914 (BVA failed to consider regulation for earlier effective date for Parkinson's disease)
This case involves the BVA judge’s failure to consider whether a VA regulation required an effective date for Parkinson’s Disease earlier than May 2017. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC…
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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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