Caring. Effective. Efficient.

CAVC finds BVA denial of higher PTSD rating "disconcerting".

CAVC finds BVA denial of 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 BVA Judge's errors were "disconcerting" particularly in light of the existence of evidence supporting a 70% PTSD rating, and because the BVA Veterans Law Judge failed to explain why the veteran's symptoms did not reach the 50% PTSD Rating level.

Attig | Steel coordinated with the law firm of Hill & Ponton to handle the veteran's remand to the BVA.

Link to the BVA Decision on CAVC Website.

Link to the Joint Motion to Remand the CAVC Website.

Case Details

OGC Attorney: Catherine A. Hulgan

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

Board of Veterans Appeals Veterans Law Judge:Deborah W. Singleton

Regional Office: St. Petersburg, Florida VARO

Vets’ Rep at BVA: Christopher Loiacono (agent)

Date of BVA Decision: September 21, 2016

Date of CAVC Remand Order: March 30, 2017

Recent Cases

Client Win: 18-6851, Greene v. Wilkie (BVA fails to consider Nehmer effective date rules)
This case involves the special, and very powerful, Nehmer effective date rules.  Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first clai… Read More
Client Win: 19-3060, Fluker v Wilkie (service connection by aggravation for back injury)
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
Client Win: 19-2462, Burkhalter v. Wilkie (Earlier Effective Date based on newly discovered service records)
  This case involves a veteran who served in the Air Force from 1953 to 1957. During service, he injured his back on a flight line, and has repeatedly tried to service connect the injury since leaving service in 1957. Each time, the claim was de… Read More

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