On February 28, 2022, the U.S. Court of Appeals for Veterans Claims (“CAVC”) ruled in favor of Williams & Connolly’s client, an Army veteran, who sought additional compensation for his service-connected injury.
When W&C entered the case, partnering with the National Veterans Legal Services Program (“NVLSP”), the Board of Veterans’ Appeals had grudgingly granted an increased benefit as of December 2019, but had failed to consider the evidence of his worsening condition for the previous eight years. On appeal, the CAVC concluded that the Board improperly relied on a 2012 VA medical opinion, which the parties agreed was deficient, without providing the necessary factual findings and legal analysis. The CAVC vacated the Board’s decision and remanded for consideration of higher disability compensation for the full eight-year period on appeal.
Associate Chris Mendez briefed the appeal with the NVLSP.