» Inadequate Reasons and Bases
Client Win: CAVC No. 19-8187 May v. Wilkie (TDIU denial not supported by adequate reasons and bases)
This case involves the application of a duplicitous legal standard by the BVA to a veteran’s TDIU appeal, in what is called a “reasons and bases” error by the Board of Veterans Appeals. While it favored a VA C&P medical opinion…
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Client Win: CAVC No. 16-1626, Wilson v. Shulkin (BVA errs in rating Central Sleep Apnea)
Th veteran sought a higher rating for several service-connected disabilities, including central sleep apnea (CSA), chronic bronchitis, asthma, chronic obstructive pulmonary disease (COPD), and allergic bronchospasms. The Board assigned a rating of 50…
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Client Win: CAVC No. 15-0665, Garcia v. Snyder (Service Connection of a Hip Disability)
(December 5, 2016) This case involves a BVA denial of service connection of a hip disability. Because the Office of General Counsel did not agree there was remandable error in regards to the BVA’s failure to grant service connection of a hip di…
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Client Win: CAVC No. 15-2018, Nemec v. McDonald (Secondary Service Connection Degenerative Disc Disease)
This case involved a veteran’s entitlement to secondary service connection, on an aggravation theory, for degenerative disc disease of the lumbar spine. The BVA is required to provide a written statement of the reasons or bases for its findings…
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