» PTSD rating
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. 20-4774, 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. 16-2286, Walker v. McDonald (PTSD Rating Greater than 50%)
“Symptom hunting” is a common BVA error in a PTSD rating appeal, and we believed the BVA engaged in this practice when it denied our client anything more than a 50 percent PTSD rating. Here’s how it happens: using the list of exampl…
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Client Win: CAVC No. 17-0136, Emsley v. Shulkin (higher PTSD rating).
When this veteran sought a PTSD rating higher than 30% for his service connected mental health condition, the Board of Veterans Appeals denied a PTSD rating higher than 30%. The Court of Appeals for Veterans Claims entered an order finding that the B…
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