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

This case involves a veteran’s appeal to the BVA seeking service connection for arthritis.  The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a… Read More
Attorney Chris Attig has been working with this veteran’s survivor for half a decade to get her DIC and survivor’s accrued benefits properly awarded.  The veteran was a 3 decade military veteran, who fought not only in Thailand during th… Read More
  This case involves the BVA’s rating of a veteran’s service connected knee injury and a BVA credibility finding; our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claim (CAVC). The appeal was res… Read More

See More Appellate Results

VA Form 21 Blog

Apr
23
What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s depende… Read More
Jan
17
One of our clients’ cases, Martinez v. Wilkie, No 17-1551, was recently set for a panel decision by the US Court of Appeals for Veterans Claims (CAVC).We are not yet sure if there will be supplemental briefing or oral argument at this time. I… Read More

Read the VA Form 21 Blog