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…
Read More
This case involves the BVA’s rejection of a theory of service connection by aggravation for a back condition. The BVA refused to service connect the veteran’s back injury, which he argued was aggravated by service-connected knee and hip i…
Read More
The Board of Veterans Appeals (BVA) denied a veteran a rating higher than 20% for his service connected back pain. In doing so, the BVA considered only the range of motion listed under the Diagnostic Code for the veteran’s back pain. However, i…
Read More
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