If you’ve appealed your VA claim to the U.S. Court of Appeals for Veterans Claims (Court), you may think the only way to “win” is for the Court to award your benefits. In reality, that’s almost never how the process works.
Unlike the Board of Veterans’ Appeals or a VA Regional Office, the Court generally does not decide whether you should receive benefits. Instead, the Court reviews whether the Board correctly applied the law and properly considered all of the relevant evidence. A successful appeal often means convincing the Court that the Board made a legal error and should take another look at your case.
While that may not sound like a victory, it can be one of the most important steps in ultimately obtaining the benefits you deserve.
So, then what does a Court “win” look like?
Recently, our office represented a veteran whose claim for service connection for a psychiatric disorder had been denied by the Board of Veterans’ Appeals.
One of the primary reasons for the denial was a VA examiner’s finding that the veteran had no history of mental health treatment. The Board relied heavily on that opinion, despite a favorable private medical opinion diagnosing depression and linking it to service. In particular, the Board found it significant that the veteran had never received treatment for anxiety, depression, or any other mental health symptoms.
When we carefully reviewed the veteran’s medical records, however, we discovered something important. The records showed that the veteran had previously been prescribed medication for depression. That evidence directly contradicted the VA examiner’s statement and the Board’s conclusion that the veteran had never sought or received treatment for a mental health condition.
We argued that the board had overlooked this important evidence and failed to adequately explain its decision.
The Judge agreed.
As a result, the Court set aside the Board’s decision and sent the case back to the Board with instructions to consider the overlooked evidence and issue a new decision.
Why does this matter?
At first glance, this may not seem like much of a win because the veteran was not immediately granted benefits. But in reality, it was a significant victory.
The Court recognized that the Board had failed to consider important evidence that supported the veteran’s claim. Now, the Board must reevaluate the claim while taking that evidence into account. The overlooked prescription, when considered alongside the favorable private medical opinion, may ultimately be the evidence that leads to a grant of benefits.
This case demonstrates how even a single overlooked medical record can change the course of a VA disability claim.
Common Misconceptions about the Veterans Court
Many veterans are surprised to learn that:
- The Court does not usually award disability benefits.
- The Court reviews whether the Board correctly applied the law and adequately explained its decision.
- Most successful Court appeals result in the case being sent back to the Board for another decision.
Although a remand is not the end of the case, it often provides the opportunity needed to correct mistakes that may have unfairly led to a deni.
Why Experienced Representation Matters
Appeals to the Court often turn on small but significantly legal errors, such as an overlooked medical records, an inadequate VA examination, or a Board decision that fails to explain why favorable evidence was rejected.
Identifying those errors requires a careful review of the record and a thorough understanding of Veterans law.
An experienced Veterans disability attorney knows what to look for and how to present those issues to the Court. While no attorney can guarantee a favorable outcome, ensuring that the Court has the opportunity to correct legal errors can make all the difference in giving the veteran a fair chance to obtain the benefits they have earned.