Our firm recently secured a significant victory before the U.S. Court of Appeals for Veterans Claims (CAVC). VA’s general counsel agreed with our position, and the Court granted a Joint Motion for Partial Remand that will send the issues back to the Board of Veterans’ Appeals for another decision. A positive decision there could result in several years of additional retroactive pay for our client.

Background of the Case

Our client, a substituted appellant, challenged a December 2024 Board of Veterans’ Appeals decision. The Board denied an effective date earlier than February 18, 2022, for two benefits. The first was a 70% disability rating for service-connected posttraumatic stress disorder (PTSD). The second was total disability based on individual unemployability (TDIU).

The veteran originally filed a supplemental claim for PTSD in November 2019. VA granted service connection at 50% effective that date. In February 2022, the veteran submitted a VA Form 21-8940 seeking TDIU. VA then increased the PTSD rating to 70% and granted TDIU — both effective February 18, 2022.

The Board’s Errors

The Board treated the February 2022 VA Form 21-8940 as a brand-new claim. It then limited its analysis to the one-year lookback period. Critically, the Board never addressed whether the veteran’s November 2019 claim remained continuously pursued.

The Board also failed to provide adequate reasons or bases for its conclusions. It did not properly analyze whether a factually ascertainable worsening occurred before February 2022.

Why Chisholm v. Collins Changed Everything

We argued that the CAVC’s 2025 precedential decision in Chisholm v. Collins applied directly to our client’s case. In Chisholm, the Court held that a VA Form 21-8940 can constitute a supplemental claim. The form need not be a VA Form 20-0995 to qualify.

The Court determined that a TDIU application seeks the same or similar benefit as an increased rating claim. This means it can preserve the continuity of a previously filed claim under 38 C.F.R. § 3.2500.

The government agreed that the Board must apply Chisholm to this veteran’s facts on remand.

What This Means for Our Client

The Court vacated the Board’s decision and sent both issues back for readjudication. The Board must now determine whether the February 2022 filing constituted a supplemental claim. If so, the effective date could reach back to the original November 2019 claim.

This outcome could result in years of retroactive benefits for our client and their family. The Board must also provide a thorough explanation of its findings on remand.

If you believe the VA assigned the wrong effective date for your benefits, contact our firm today for a free consultation.