Caring. Effective. Efficient.

BVA failed to address favorable opinion for service connection of a hip disability

BVA failed to address favorable opinion for 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 disability, this appeal was fully briefed to the CAVC.

After the briefs, CAVC Judge Kasold wrote a single judge decision finding that when it denied service connection of a hip disability, the BVA erred when it failed to consider or discuss an April 2012 private medical opinion that the veteran's in-service duties likely caused his current hip disability.

The BVA must correctly apply the law, provide an adequate statement of reasons or bases for its determinations. Tucker v. West, 11 Vet.App. 369 (1998). To be adequate, a BVA decision must  enable a claimant to understand the precise basis for its decision, as well as to facilitate review in the CAVC. Allday v. Brown, 7 Vet.App. 517 (1995) 

The CAVC vacated the BVA decision and remanded it back to the BVA to consider the evidence it overlooked in the veteran's claim for service connection of a hip disability.

Does this case sound like your VA Rating Decision or BVA Decision? If so, click here to have  Attig | Steel take a look at your case.

Link to the BVA Decision on CAVC Website.

Link to the CAVC Memorandum Decision

Case Details

OGC Attorney: Brent A. Bowker

Veteran Representation at CAVC: Chris Attig (link to bio)

Court of Appeals for Veterans Claims Judge:Judge Bruce E. Kasold (link to bio)

Board of Veterans Appeals Veterans Law Judge: L.M. Barnard

Regional Office: Little Rock, Arkansas, VA Regional Office

Vets’ Rep at BVA: Military Order of the Purple Heart of the U.S.A. 

Date of BVA Decision: October 23, 2014

Date of CAVC Judgment on Remand:  December 5, 2016

Taking Point! Blog

Jun
3
I really can’t take it anymore. I’m sure many like you feel the same way. Every time another child with a military weapon ambushes a school full of children, I am overwhelmed with emotions that have no outlet. I can’t even process… Read More
May
27
  While on our way to the nutcracker audition at the local theatre I asked my 9-year-old daughter how her day went at school. “It was okay.  We had another active shooter drill.  When the drill started, I had to run behind and under my teacher… Read More
May
23
After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.   There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.  Do I feel happy when my kids… Read More
May
18
When appellate courts review the decisions of lower courts – or in administrative law where a Court like the US Court of Appeals for Veterans Claims (CAVC) reviews the decisions of the BVA, an administrative tribunal – they use “… Read More

Read the "Taking Point!" Blog

Recent Cases

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… 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
This case involves the BVA’s failure to comply with a Veterans Court Order in a January 2020 Memorandum Decision. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA fails to comply with Veterans Court Ord… Read More

See More Appellate Results