CAVC Results
E.K. vs. Denis McDonough
December 8, 2024
Court Remands Case for Higher Ratings on Veteran’s Back Condition and Radiculopathy The Court of Appeals for Veterans Claims recently vacated and remanded a Board decision denying increased ratings for a veteran’s intervertebral disc syndrome (IVDS) and bilateral lower extremity radiculopathy. The veteran sought ratings exceeding 10% for both conditions, arguing the Board failed to […]
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M.M. vs. Denis McDonough
December 8, 2024
Court Remands Case Due to Board’s Legal Errors in Evaluating Veteran’s Claim The Court of Appeals for Veterans Claims recently vacated and remanded a Board decision after identifying significant legal errors. The Board’s misapplication of critical laws denied a veteran proper consideration for his bipolar disorder and total disability based on individual unemployability (TDIU). Background […]
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D.B. vs. Denis McDonough
December 8, 2024
Victory for Veteran’s GERD Rating Claim: Court Orders Remand for Clear Rating Criteria In a recent win at the Court of Appeals for Veterans Claims, we achieved a remand for our client, a Vietnam veteran, on his claim for a higher rating for gastroesophageal reflux disease (GERD). The Board of Veterans’ Appeals improperly denied the […]
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O.N. vs. Denis McDonough
December 8, 2024
WHG achieved a remand for our client due to the Board of Veterans’ Appeals’ failure to fulfill its duty to assist and comply with a prior remand order. The Board did not adequately address whether the veteran’s PTSD claim warranted further evidence gathering or corroboration of his in-service stressors. The court emphasized that VA’s duty […]
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O.N. vs. Denis McDonough
December 8, 2024
Our firm recently secured a critical victory for a U.S. Army veteran at the Court of Appeals for Veterans Claims (CAVC). The Court set aside a March 2022 Board of Veterans’ Appeals decision, which had denied the veteran’s claim for VA disability compensation for post-traumatic stress disorder (PTSD) and other psychiatric disorders. The Court found […]
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D.S. vs. Denis McDonough
December 8, 2024
Our client recently secured a key victory before the Court of Appeals for Veterans Claims. He served in the U.S. Army from 1994 to 1996 and from 1999 to 2012. In 2011, while still in service, our client filed a claim for a left foot disability following a bunionectomy. The VA initially granted a noncompensable […]
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R.S. vs Denis McDonough
December 8, 2024
Our firm recently secured a victory for our client veteran at the Court of Appeals for Veterans Claims (CAVC). We appealed a Board of Veterans’ Appeals decision from February 2023 that denied him an initial disability rating above 50% for his depressive disorder. The veteran, a U.S. Army and Air Force veteran, argued that the […]
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N.S. vs. Denis McDonough
December 8, 2024
Our client, an Air Force veteran, recently achieved a significant victory before the Court of Appeals for Veterans Claims. The veteran sought an increase in his 50% disability rating for Major Depressive Disorder (MDD), arguing that his condition warranted a higher evaluation. The Board of Veterans’ Appeals denied his appeal, but failed to address crucial […]
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S.L-M. vs. Denis McDonough
December 8, 2024
The Court of Appeals for Veterans Claims recently vacated and remand a Board of Veterans’ Appeals decision in favor of a veteran whose active-duty service had been overlooked by the Board. The Court ordered a remand, requiring the Board to reexamine key evidence. In its May 17, 2023 decision, the Board incorrectly determined that the […]
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G.M. vs. Denis McDonough
December 8, 2024
In a recent victory, we convinced VA’s attorneys that the appropriate action was to vacate and remand a case involving a veteran’s obstructive sleep apnea claim. They agreed that the Board of Veterans’ Appeals failed to follow previous remand instructions. The veteran’s claim stems from a November 2006 sleep study, where a diagnosis of obstructive […]
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F.W. vs. Denis McDonough
December 8, 2024
Veterans Court Victory: Client’s PTSD Claim Remanded for Reconsideration Our firm recently achieved a significant win for a U.S. Army veteran at the Court of Appeals for Veterans Claims. The veteran served from 1978 to 1984 as a hospital food services specialist. He sustained injuries during service, including a traumatic incident involving his forehead and […]
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J.L. vs. Denis McDonough
December 8, 2024
Our client recently secured a significant victory before the Court of Appeals for Veterans Claims. Mr. Lopez served from 1992 to 1994, experiencing multiple stressors while stationed on the U.S.S. Juneau in Somalia. He filed claims for PTSD, left ear hearing loss, and TDIU, but the VA denied these claims. After appealing, our client sought […]
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F.M. vs. Denis McDonough
December 8, 2024
In a significant victory, our veteran successfully appealed a Board of Veterans’ Appeals (BVA) decision denying his claims for hypertension, right hip disability, and erectile dysfunction. The Court of Appeals for Veterans Claims remanded the case, citing errors in the BVA’s decision-making. The BVA denied the veteran’s service connection for hypertension prior to August 10, […]
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W.M. vs. Denis McDonough
December 8, 2024
In a recent victory before the Court of Appeals for Veterans Claims, the Court ordered a remand in favor of our client, regarding her eligibility for a Total Disability Individual Unemployability (TDIU) rating. We convinced VA’s attorneys that the Board of Veterans’ Appeals had failed to properly evaluate and consider critical evidence. Overall, the Board […]
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J.N. vs. Denis McDonough
December 8, 2024
Court Victory: Remand Ordered for Veteran’s IVDS Disability Ratings and TDIU Claim The Court of Appeals for Veterans Claims recently ruled in favor of our client, remanding four claims related to his disability ratings and Total Disability Individual Unemployability (TDIU). This decision addresses errors in the Board’s handling of his left leg radiculopathy, sciatica, IVDS, […]
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G.J. vs. Denis McDonough
December 8, 2024
The Court of Appeals for Veterans Claims recently remanded our client’s claims for service connection of a sleep disorder and headaches. The remand was based on VA’s agreement that the two claims should be considered in relation to the veteran’s service-connected psychiatric condition. This case highlights the inextricable link between these conditions and the veteran’s […]
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T.M. vs. Denis McDonough
December 8, 2024
Court Victory for Veteran’s Hip Disability: Remand Ordered for Full Rating Consideration The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought higher ratings for his left hip osteoarthritis beyond October 24, 2019. The Board of Veterans’ Appeals erred by limiting its review to a short “review […]
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J.F. vs. Denis McDonough
December 8, 2024
In a recent victory for our client, a veteran seeking an increased rating for service-connected PTSD, VA agreed the Board of Veterans’ Appeals erred when it denied our client’s claim. VA’s attorneys agreed with us that the Board failed to conduct a holistic analysis of our client’s PTSD symptoms, resulting in an inadequate rating assessment. […]
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K.C. vs. Denis McDonough
December 8, 2024
Victory for Veteran’s Right to Earlier SMC Award: Court Orders Board to Reassess Effective Date The Court of Appeals for Veterans Claims recently ruled in favor of our client, a Vietnam War veteran who sought an earlier effective date for his Special Monthly Compensation (SMC) for Aid and Attendance. The Court found that the Board […]
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G.J. vs. Denis McDonough
December 8, 2024
Victory for Veteran’s Shortness of Breath Claim: Court Orders Review of New Evidence on Burn Pit Exposure The Court of Appeals for Veterans Claims recently ruled in favor of our client, a veteran who sought to reopen a denied claim for service connection for shortness of breath. This decision recognizes the significance of new evidence […]
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S.B. vs. Denis McDonough
December 8, 2024
Based on our memo summarizing the Board’s errors, VA agreed to vacate a Board of Veterans’ Appeals decision for our client veteran who was denied Special Monthly Compensation (SMC) for Aid and Attendance. SMC for Aid and Attendance supports veterans who need help with daily activities like dressing, grooming, and meal preparation. The Board failed […]
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R.N. vs. Denis McDonough
December 8, 2024
We recently secured a victory for our client, a veteran seeking service connection for PTSD, and avoided a lengthy briefing process. This case underscores the VA’s duty to assist veterans by diligently searching for records to support claims. The Board of Veterans’ Appeals erred by not ensuring the VA’s search covered all relevant records. The […]
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D.M. vs. Denis McDonough
December 8, 2024
Our client, a U.S. Army veteran, recently won a significant victory at the Court of Appeals for Veterans Claims. The Court ordered the Board of Veterans’ Appeals to reexamine his disability claim related to bilateral thumb arthritis, which he believes originated from his active service in the 1980s. Our client initially sought compensation in 2017, […]
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P.G-M. vs. Denis McDonough
December 8, 2024
WHG chalks up another crucial win for a veteran client before the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision, which denied a higher disability rating for our client’s service-connected depressive disorder. This decision gives our client another opportunity to obtain a more accurate evaluation of his mental […]
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R.L. vs. Denis McDonough
December 8, 2024
WHG is delighted to announce a significant victory for our client at the Court of Appeals for Veterans Claims. In a joint motion signed by WHG and VA’s counsel, VA agreed that the Board of Veterans’ Appeals erred in denying our client’s entitlement to Special Monthly Compensation (SMC) based on the need for aid and […]
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D.L. vs. Denis McDonough
December 8, 2024
We are pleased to announce a significant victory for our client at the Court of Appeals for Veterans Claims. The Court agreed that the Board of Veterans’ Appeals erred in denying service connection for his Chronic Fatigue Syndrome (CFS). The Board failed to provide adequate reasons for dismissing the favorable medical opinion from his private […]
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K.G. vs. Denis McDonough
December 8, 2024
WHG is proud to announce a significant victory for our client at the Court of Appeals for Veterans Claims. We avoided a lengthy briefing process and convinced VA and its lawyers that the Board of Veterans’ Appeals erred by not addressing the 2019 testimony of our client and his wife. Board Failed to Provide Adequate […]
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D.A. vs. Denis McDonough
December 8, 2024
WHG is thrilled to announce a recent victory for our client at the Court of Appeals for Veterans Claims. VA agreed the Board erred in denying our client a disability rating higher than 50% for his mental health condition. Board Failed to Apply Proper Legal Analysis The Board did not properly analyze our client’s symptoms […]
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C.S.M. vs. Denis McDonough
December 8, 2024
WHG notches another victory for our client before the Court of Appeals for Veterans Claims. The Court ordered the claim remanded after the parties agreed the Board of Veterans’ Appeals failed to provide adequate reasons for denying our client’s entitlement to Total Disability Individual Unemployability (TDIU). Board Ignored Favorable Evidence Supporting TDIU The Board must […]
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R.M. vs. Denis McDonough
December 8, 2024
Inadequate Medical Opinions Lead to Remand of Veteran’s Foot Condition and TDIU Claims We are excited to share a recent victory for our client before the Court of Appeals for Veterans Claims. The Court agreed that the Board relied on inadequate medical opinions when denying our client’s claim for a bilateral foot condition. The Court […]
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L.G. vs. Denis McDonough
December 8, 2024
We recently secured a significant win for our veteran client at the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision which denied our client’s claims for service connection for hypertension and a spine disability. It ordered the Board to reconsider these claims with clearer reasoning. The Court agreed […]
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J.Q. vs. Denis McDonough
December 8, 2024
WHG is proud to announce another recent success before the Court of Appeals for Veterans Claims. The Court vacated the Board of Veterans’ Appeals decision that denied our client’s claims for service connection for prostate cancer due to contaminated water exposure at Camp Lejeune and entitlement to Total Disability Individual Unemployability (TDIU). The Board denied […]
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C.A. vs. Denis McDonough
December 8, 2024
WHG scored another win for our client at the Court of Appeals for Veterans Claims. The Department of Veterans Affairs and its attorneys agreed that the Board of Veterans’ Appeals failed to properly evaluate our client’s statements about ongoing back pain since service. This oversight impacted the denial of service connection for his degenerative arthritis […]
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S.T. vs. Denis McDonough
December 8, 2024
In a great win for our client, WHG convinced VA and its attorneys that the Board of Veterans’ Appeals made critical errors in denying our client’s fibromyalgia claim. The Board failed to provide adequate reasons for finding our client not credible and for dismissing a private medical opinion. Additionally, the Board relied on an inadequate […]
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D.V. vs. Denis McDonough
December 8, 2024
WHG is thrilled to announce a significant victory for our client at the Court of Appeals for Veterans Claims. VA agreed that the Board of Veterans’ Appeals failed to address key favorable evidence regarding our client’s coronary artery disease (CAD) symptoms before May 24, 2022. Our client, a dedicated veteran, has battled CAD since April […]
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L.C. vs. Denis McDonough
December 8, 2024
We are pleased to announce a significant victory for our client at the Court of Appeals for Veterans Claims. In a joint motion that avoided a lengthy briefing process, VA and its attorneys agreed that the Board of Veterans’ Appeals failed to provide adequate reasons for denying service connection for our client’s leukemia on a […]
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R.C. vs. Denis McDonough
December 8, 2024
VA and its attorneys agreed the Board erred when it denied our client a higher rating for his service-connected mental health condition. This resulted in a joint motion which avoided the lengthy briefing process and sent the issue back to the Board as quickly as possible. Under the law, specifically the precedent set in Bankhead […]
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G.O. v. Denis McDonough
December 8, 2024
WHG secured a remand from the U.S. Court of Appeals for Veterans Claims in a case involving entitlement to service connection for generalized anxiety with panic attacks. The Court vacated the Board of Veterans’ Appeals’ November 1, 2022, decision, following our argument that the Board failed to provide an adequate statement of reasons or bases […]
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EC vs. Denis McDonough
December 8, 2024
WHG successfully secured a remand from the U.S. Court of Appeals for Veterans Claims in a case involving entitlement to a total disability rating based on individual unemployability (TDIU). The Court vacated the Board of Veterans’ Appeals’ July 8, 2023, decision and ordered the Board to readjudicate the case. The decision came after VA and […]
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C.C. vs. Denis McDonough
December 8, 2024
WHG recently achieved a significant win for our client at the Court of Appeals for Veterans Claims. The Court vacated a Board of Veterans’ Appeals decision, which denied our client’s claim for a higher disability rating for his service-connected bipolar disorder. The Court agreed with our position that the Board failed to consider key evidence […]
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JM vs. Denis McDonough
December 8, 2024
Our firm successfully secured a remand for our client after the U.S. Court of Appeals for Veterans Claims vacated an August 21, 2023, decision by the Board of Veterans’ Appeals. The Board denied our client entitlement to a total disability rating based on individual unemployability (TDIU). Our CAVC attorneys convinced VA and its attorneys that […]
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HP vs. Denis McDonough
December 8, 2024
Great win for our client after filing a brief challenging a Board of Veterans’ Appeals’ May 24, 2023, decision. The U.S. Court of Appeals for Veterans Claims vacated the Board’s denial of service connection for a back disability and a sleep disorder. VA and its counsel, after reading our brief, agreed that the Board failed […]
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GC vs. Denis McDonough
December 8, 2024
Our CAVC team successfully secured a remand for a veteran challenging the Board of Veterans’ Appeals’ October 24, 2023, decision regarding knee instability ratings. The Board denied a separate disability rating for right knee instability prior to February 1, 2021, and a rating exceeding 10 percent for left knee instability before February 7, 2021. The […]
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CE vs. Denis McDonough
December 8, 2024
The U.S. Court of Appeals for Veterans Claims vacated a Board of Veterans’ Appeals decision that denied our client service connection for migraine headaches. The Court remanded the case, demanding a closer look at the facts. Why the remand? The Board failed to explain why they didn’t believe our client’s testimony. He testified that he […]
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GF vs. Denis McDonough
December 8, 2024
Our firm recently secured a favorable outcome for our client in a veterans’ disability case involving an acquired psychiatric disorder. The U.S. Court of Appeals for Veterans Claims agreed to vacate the Board’s denial of our client’s claim for service connection for an unspecified mood disorder. The Court remanded the case back to the Board […]
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Y.L. vs. Denis McDonough
December 8, 2024
Our client, a U.S. Army veteran, recently won a significant appeal before the Court of Appeals for Veterans Claims. The Court vacated a Board of Veterans’ Appeals decision that denied his claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder. The veteran attributed his condition to a traumatic incident […]
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TW vs. Denis McDonough
December 8, 2024
The U.S. Court of Appeals for Veterans Claims agreed to vacate a May 3, 2023, decision by the Board of Veterans’ Appeals. The Board had denied Mr. Walker’s entitlement to service connection for hypertension. The Board found no evidence of hypertension during or shortly after the veteran’s exit from service. But our firm struck an […]
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D.M. vs. Denis McDonough
December 8, 2024
Our firm recently secured a major victory at the Court of Appeals for Veterans Claims for a veteran client. The Court vacated a Board of Veterans’ Appeals decision that denied benefits for coronary artery disease (CAD). The veteran, who served in the U.S. Army from 1964 to 1969, sought service connection for CAD, attributing his […]
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JH vs. Denis McDonough
December 8, 2024
The Court ordered a remand of our client’s total disability rating based on individual unemployability (TDIU) claim. The Secretary agreed there were errors in the Board of Veterans’ Appeals’ decision. Specifically, the Board failed to provide clear reasons for denying Helms’ TDIU based on his service-connected heart disability. The Court highlighted that the Board recognized […]
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WL vs. Denis McDonough
December 8, 2024
The Court granted the parties’ Joint Motion to vacate a November 28, 2023, decision by the Board of Veterans’ Appeals that denied our client entitlement to a total disability rating based on individual unemployability (TDIU). The parties identified several critical errors in the Board’s reasoning, particularly regarding the evaluation of a March 22, 2020 private […]
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KC vs Denis McDonough
December 8, 2024
Our firm successfully challenged a Board of Veterans’ Appeals decision that denied an increased rating for a veteran’s left medial tibial plateau condition following a stress fracture. We appealed to CAVC because the Board failed to adequately consider critical evidence regarding the veteran’s use of knee braces. The Court agreed to vacate the Board’s decision […]
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PH vs Denis McDonough
December 8, 2024
WHG appealed to the Court a Board of Veterans’ Appeals decision that denied service connection for obstructive sleep apnea (OSA). This claim was linked to the veteran’s service-connected generalized anxiety disorder and major depressive disorder (MDD). The Court agreed to vacate the Board’s decision, emphasizing that the Board failed to ensure the VA met its […]
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SS vs Denis McDonough
December 8, 2024
The Court vacated and remanded the Board’s decision denying the veteran a higher rating for a service-connected mental health condition and service connection for a cervical spine disorder. The Secretary agreed the Board failed to account for more severe mental health symptoms reported by VA’s own medical examiner. And we were finally able to correct […]
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KS vs. Denis McDonough
December 8, 2024
Our client served in the U.S. Marine Corps from March 1966 to March 1968. The Board of Veterans’ Appeals denied his claims for bilateral upper and lower extremity radiculopathy. This was the second time we appealed these denials to the Court. The first time the Secretary agreed the Board erred in how it considered an […]
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DC vs Denis McDonough
December 8, 2024
Our client, the veteran, filed a claim for service connection of a lower back disability. The Regional Office found in 2019 the client was involved in a motor vehicle accident while on active duty. The Board disagreed, but failed to properly rebut the favorable finding. To reject a previous favorable finding, such finding must be […]
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J.M. vs. Denis McDonough
December 8, 2024
In a recent win, the Court of Appeals for Veterans Claims remanded our client’s case involving his Parkinson’s disease claim. The Board of Veterans’ Appeals denied his claim without addressing key issues raised in her Notice of Disagreement. The Board must clearly explain its decisions and address all relevant issues presented in the record. However, […]
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M.W. vs. Denis McDonough
December 8, 2024
In a recent case involving spousal DIC benefits, the Court of Appeals for Veterans Claims remanded a decision involving our client’s entitlement to Total Disability Individual Unemployability (TDIU). Here the client is the spouse of a deceased veteran. The Board of Veterans’ Appeals had denied our client’s TDIU claim without addressing substantial, favorable evidence related […]
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M.P. vs. Denis McDonough
December 8, 2024
The Court of Appeals for Veterans Claims recently remanded our client’s claim for a compensable rating for eczema. The Board of Veterans’ Appeals had denied this claim based on an inadequate medical examination that overlooked critical evidence. When the VA provides a medical examination, it must be thorough, accurate, and based on reasoned medical judgment. […]
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K.C. vs. Denis McDonough
December 8, 2024
In a significant victory, the Court of Appeals for Veterans Claims remanded a decision involving our client’s respiratory condition claim. The Board of Veterans’ Appeals had dismissed this claim without addressing an essential issue: our client’s claim for obstructive sleep apnea. This oversight denied our client fair consideration for benefits tied to this sleep condition. […]
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C.B. vs. Denis McDonough
December 8, 2024
In a recent win before the Court of Appeals for Veterans Claims, we successfully secured a remand for our client, a veteran seeking service connection for a low back disability. The Board of Veterans’ Appeals had improperly denied the claim by relying on a flawed VA medical examination. This examination failed to consider our client’s […]
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R.B. vs. Denis McDonough
December 8, 2024
Settlement Victory Secures Retroactive Benefits for Veteran’s Coronary Disease, Diabetes, and Hypothyroidism In a recent settlement with the Department of Veterans Affairs, we successfully secured retroactive benefits for our client. The agreement grants our client earlier effective dates for critical service-connected conditions, including coronary artery disease, diabetes, and hypothyroidism. Under the settlement, the VA awarded […]
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M.S. vs. Denis McDonough
December 8, 2024
Victory for Veteran’s Back Disability Claim: Court Orders New VA Medical Opinion In a recent case at the Court of Appeals for Veterans Claims, we successfully secured a remand for our client, a veteran seeking service connection for a chronic low back disability stemming from an in-service motor vehicle accident. The court found that the […]
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V.G. vs. Denis McDonough
December 8, 2024
In a recent case before the Court of Appeals for Veterans Claims, we achieved a significant remand for a client’s Dependency and Indemnity Compensation (DIC) claim. The Board of Veterans’ Appeals improperly denied this claim by relying on an insufficient 2015 VA examination for our client’s chronic obstructive pulmonary disease (COPD). The 2015 VA examiner […]
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R.M. vs. Denis McDonough
December 8, 2024
In a recent case before the Court of Appeals for Veterans Claims, we won a remand for our client’s Total Disability Individual Unemployability (TDIU) claim. The Board of Veterans’ Appeals improperly dismissed the claim as moot, failing to provide sufficient reasons or bases for its decision. Under the law, the Board must offer a clear […]
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H.D. vs. Denis McDonough
December 8, 2024
In a recent case, we secured a remand for our client from the Court of Appeals for Veterans Claims for a Total Disability Individual Unemployability (TDIU) claim. The court found that the Board of Veterans’ Appeals provided an inadequate statement of reasons or bases for denying the claim. The Board concluded that the veteran could […]
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J.E. vs. Denis McDonough
December 8, 2024
WHG recently won a significant remand from the Court of Appeals for Veterans Claims for a veteran seeking an earlier effective date for his Total Disability Individual Unemployability (TDIU) claim. The Board of Veterans’ Appeals had set an April 2019 effective date for the veteran’s TDIU benefits, failing to address evidence of his unemployability dating […]
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A.B. vs. Denis McDonough
December 8, 2024
The Court of Appeals for Veterans Claims recently remanded a case after VA and its attorneys agreed there were errors in the Board’s handling of a veteran’s claim. The Board failed to ensure compliance with its own July 2019 remand instructions, violating the veteran’s legal right to substantial compliance under Stegall v. West. The Board […]
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L.O., Jr. vs. Denis McDonough
December 8, 2024
Our firm recently achieved a critical victory for a veteran at the Court of Appeals for Veterans Claims (CAVC). The Court vacated and remanded a Board of Veterans’ Appeals (BVA) decision due to reliance on an inadequate medical examination. This decision ensures our client receives a fair review of their claim for service connection for […]
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C.M. vs. Denis McDonough
December 8, 2024
Our firm recently achieved a critical victory for a veteran at the Court of Appeals for Veterans Claims (CAVC). The Court vacated and remanded a Board of Veterans’ Appeals (BVA) decision due to a legal error that was conceded by VA. This decision ensures our client receives a fair review of their claim for visual […]
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