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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This case involves the Board’s failure to reopen a veteran’s claim for service connection despite admitting that he submitted new and material evidence. Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (CA…
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The BVA decision in this case mischaracterized the veteran’s traditional appeal as a claim to reopen. The BVA Judge found that the veteran’s service connection claim for his left ankle disorder and bilateral pes planus were not reopened b…
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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