Another win at the Court of Appeals for Veterans Claims where VA’s lawyer agreed with us that the Board erred in this client’s three claims. Based on the parties’ agreement the Court then vacated the flawed Board of Veterans’ Appeals decision. Our client will now receive a proper review.
Exposing Errors in Psychiatric Evidence Evaluation
The Board wrongfully denied our client’s claim for an acquired psychiatric disorder. This claim included depression, anxiety, and PTSD. The judge relied heavily on a confusing 2014 private medical record. The Board used this document to discount a highly favorable 2021 medical opinion.
However, the 2014 record contained glaring timeline discrepancies. It bizarrely listed future medications starting in 2020 and 2021. The Board completely failed to address these impossible dates. We forced the VA to admit this obvious error. The Board must now properly evaluate the 2021 evidence.
Challenging the Flawed VA Knee Examination
The Board also bungled our client’s left knee disability claim. They improperly relied on a negative 2020 VA medical examination. The VA examiner claimed our client lacked continuous medical treatment since her 2013 military discharge and based their negative nexus opinion solely on this “fact.”
The Board blindly accepted this rationale. We argued that the Board failed to build a proper legal foundation and never explained why a veteran must constantly seek treatment for knee pain. The VA conceded this oversight. The Board must provide a better explanation on remand.
Linking Headaches to Mental Health Conditions
Finally, we successfully appealed the denial of our client’s headache disability claim. The law requires the VA to adjudicate inextricably intertwined claims together. Our client clearly reported severe headaches while seeking treatment for her mental health conditions.
The Board must reevaluate the psychiatric claim. Therefore, they must also reassess the headache claim. The government agreed that separating these connected issues wastes judicial resources.
Why This Remand Matters for Our Client
This joint remand represents a significant step forward. The VA cannot simply rubber-stamp flawed medical exams or ignore contradictory evidence. We proudly hold the government accountable for these errors. Our team will continue fighting until our client receives the maximum disability benefits she deserves.
