PO2021-CV-00132, Edgar E. Olivo v. Commonwealth of Puerto Rico

Jan 22, 2021

OUTCOME: Win - Dismissed in favor of client (Commonwealth).

PO2021-CV-00217, Ivan Rodriguez Rentas v. Victor Perez Maldonado & Others

Jan 22, 2021

OUTCOME: Win - Dismissed in favor of client (Public Official).

PO2020-CV-02314, Angel L. Rodríguez v. Commonwealth of Puerto Rico

Dec 10, 2020

OUTCOME: Win - Dismissed in favor of client (Commonwealth).

PO2020-CV-02126, Francisco R. Cosme Nieves vs Jorge A. López

Dec 02, 2020

OUTCOME: Win - Dismissed in favor of client (Public Official).

Bd. Vet.App. 191127-46290 (August 10, 2020)

Aug 10, 2020

OUTCOME: Win - The October 2006 VA decision, to the extent that it denied service connection for PTSD, is reversed on the basis of clear and unmistakable error. Service connection for PTSD is granted effective the date of the Veteran's claim, November 18, 2005.

The Veteran's claim for PTSD was denied in an October 2006 rating decision that became final because he did not submit a Notice of Disagreement or new and material evidence within the appeal period. Th ... e argument established, without debate, that the correct facts, as then known, were not before the RO at the time of the October 2006 rating decision, and that error manifestly changed the outcome of the decision at the time it was made.

20-5368, Rafal Milik v. Denis McDonough

Aug 01, 2020

OUTCOME: Win - Achieved remand for increase in evaluation for Bilateral Pes Planus.

The case centered on the Veteran’s entitlement to an increased rating for Pes Planus with Bilateral Plantar Fasciitis and Hammertoes, rated as 30 percent disabling. It was proven that Board failed ... to consider highly probative private medical evidence evaluating the Veteran at a higher than 30% disability rating; they erred in their interpretation of Diagnostic Code 5276, adding restrictions to a regulation where they do not exist, incorrectly interpreting the facts at hand; and they failed to provide an adequate statement of reasons or bases.

20-4717, David Paul Miller v. Robert V. Wilkie

Jul 07, 2020

OUTCOME: Win - Achieved remand for increase in evaluation for Gastroesophageal Reflux Disease.

The case focused on the Veteran’s entitlement to an increased rating for Gastroesophageal Reflux Disease (GERD), rated as 10 percent (10%) disabling after January 10, 2018. The argument was constru ... cted around the Board erring in their interpretation of Diagnostic Code 7346, adding restrictions to a regulation where they do not exist; and how the Board incorrectly interpreted facts at hand. A remand was required because the BVA judge relied solely on an inadequate VA Examination for their ruling that resulted in erroneous findings of material facts.

20-4294, John Warren Hardin v. Dat P. Tran

Jun 19, 2020

OUTCOME: Win - Achieved remand for increase in evaluation and earlier effective date for PTSD.

The claim on appeal was the Veteran’s effective date and increase in evaluation for PTSD. The case was argued on the facts that the the Board erred as a matter of law by misinterpreting 38 C.F.R. § 3 ... .304(f)(3) to mean that “the board is without authority” to consider a private Disability Benefits Questionnaire (DBQ) when determining the date entitlement arose for PTSD; and how the Board failed to consider the Veteran’s highly probative private medical evidence evaluating the Veteran at a higher than fifty percent (50%) disability rating.

20-4291, David Mayville v. Robert V. Wilkie

Jun 19, 2020

OUTCOME: Win - Achieved remand for increase in evaluation and earlier effective date for Musculoskeletal conditions.

Veteran claimed entitlement to an increased rating for Degenerative Disc Disease of the Lumbar Spine, rated as 20 percent disabling after July 20, 2017, and Left Leg Radiculopathy, rated at 20 percent, ... but was denied on both accounts. The argument centered on how the Board failed to mention, and consider, probative private medical evidence evaluating the Veteran at a higher than 20% disability rating; and conflicting evidence of record required a remand under Hart v. Mansfield, 21 Vet. App. 505 (2007).

20-3984, Barry N. Nixon v. Denis McDonough

Jun 09, 2020

OUTCOME: Won (through CUE after CAVC decision) - Character of service upgraded after denial for more than fifteen (15) years.

The claim on appeal was Veteran’s service characterization as “dishonorable for VA purposes” to determine service connection for left shoulder, right elbow, right wrist, and left leg. The argument ... centered on how the BVA judge made an incorrect statement of law that he was unable to change the character of discharge because he was bound by the “VA decision barring such eligibility from January 21, 1994 through March 2010.” Because the BVA judge found that the DD-214 reflected honorable service during the period in question, this Court should have held that Veteran’s service is honorable for VA purposes. In the alternative, a remand to the Board was required because the BVA judge relied solely on the VA Administrative Decision for his ruling that resulted in erroneous findings of material facts.