22-7406, Lester L. Howard v. Denis McDonough
Dec 21, 2022OUTCOME: Win - Remanded back to lower appellate court for readjudication.
Tampa, FL
Military law Lawyer at Tampa, FL
Practice Areas: Military Law, General Practice, Government
OUTCOME: Win - Remanded back to lower appellate court for readjudication.
OUTCOME: Win - Remanded back to lower appellate court for readjudication.
OUTCOME: Win - Remanded back to lower appellate court for readjudication.
OUTCOME: Win - Dismissed in favor of client (Commonwealth).
OUTCOME: Win - Dismissed in favor of client (Public Official).
OUTCOME: Win - Dismissed in favor of client (Government Authority).
OUTCOME: Win - Dismissed in favor of client (State Department).
OUTCOME: Win - Dismissed in favor of client (State Department).
OUTCOME: Win - New and material evidence was sufficient to reopen the claims, and grant service connection for both right knee and right shoulder disabilities.
The case argued whether new and material evidence had been received to reopen a claim for entitlement to service connection for a right shoulder and right knee disability, and if so, whether the reopen ... ed claim should be granted.
OUTCOME: Win - Achieved remand for PTSD service connection.
On appeal was the Veteran’s entitlement to service connection for PTSD. The argument centered on how 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 medical opinion, including a Disability Benefits Questionnaire (DBQ), when determining whether a veteran has a valid diagnosis for PTSD. When the private evidence was considered, it was clear that the evidence was in equipoise, and as a result the Veteran should have been given the benefit of the doubt or the case should have been remanded for another VA exam.