J.Q. vs. Denis McDonough

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 the veteran’s prostate cancer claim, finding that the medical nexus opinion linking his cancer to contaminated water at Camp Lejeune was “speculative” and “inconclusive.” This decision relied on language that seemed to mix legal standards, leaving uncertainty about whether the Board applied the correct “as likely as not” standard for service connection claims.

The Court agreed with our argument that the Board’s reasoning was unclear, leading to confusion about whether a higher burden of proof was improperly applied. As a result, the Court remanded the case, requiring the Board to provide a clear explanation of its reasoning and to reassess the evidence.

Additionally, the Court remanded the veteran’s TDIU claim because it was intertwined with the outcome of the prostate cancer claim. This victory ensures our client will receive another opportunity to pursue the benefits he earned for his service.

If you or a loved one have been denied VA benefits, contact us today for expert assistance in appealing your claim.