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

Taking Point! Blog

Oct
26
8 Reasons to Choose Attig | Curran |Steel to handle your Veterans Court appeals.
October 26th, 2022
If you are an agent, VSO, or attorney, you have a tough decision under AMA when the BVA issues a denial of your client’s benefits. On one hand, you can file a supplemental claim. On the other, you can file an appeal to the US Court of Ap… Read More
Jun
3
Action items for veterans who want to lead on gun control.
June 3rd, 2022
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
18
Four standards of review at the Veterans Court.
May 18th, 2022
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
May
16
A Tale of Two Veterans.
May 16th, 2022
Let me tell you the story of two veterans. The first veteran – we’ll call him Jim – claimed he was exposed to herbicides – Agent Orange – outside of the Republic of Vietnam. After the VA spent decades denying his claim,… Read More

Read the "Taking Point!" Blog

Recent Cases

Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)
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… Read More
Client Win: CAVC No. 21-2655, (BVA overlooked evidence of suicidal ideation in claim for an increased PTSD rating)
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
Client Win: CAVC No. 21-0394, (BVA erred in denying past-due benefits in claim for an increased rating)
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

See More Appellate Results