Our firm secured another significant victory for a veteran seeking disability benefits. The Department of Veterans Affairs conceded an error in a recent Board of Veterans’ Appeals decision and agreed the Board should redo their decision.
Board Ignored Important Evidence
The Board of Veterans’ Appeals denied service connection for our client’s bipolar disorder in part based on the Board’s incorrect finding that the veteran never reported a diagnosis prior to a specific 1991 hospitalization. The Board used this against the veteran, stating that his recent testimony was not credible because there were no records from the relevant time period to back him up. This was the rationale they used to reject the claim.
We challenged this finding immediately. Our team combed through the client’s file and identified a critical medical record from October 1991 that the Board ignored. In that record, the veteran explicitly reported returning symptoms of a past diagnosis of bipolar disorder. This evidence directly contradicted the Board’s assertion and went directly against the Board’s finding that our client was not credible.
The Outcome
VA’s general counsel agreed with our legal analysis. They admitted the Board failed to provide an adequate statement of reasons or bases. Specifically, the Board failed to address favorable medical evidence in the record.
The Court approved our joint motion. This outcome vacates the prior denial. The Board must now readjudicate the claim and properly consider the overlooked evidence. This gives our client a fresh opportunity to prove service connection.
Why This Matters: The VA must explain why it rejects favorable evidence. When they fail to do so, we hold them accountable.
Do not accept a denial as the final word. Contact us today if you need assistance with your appeal.
