The UCI Law VA Benefits Project and Gibson Dunn successfully persuaded a federal appellate court to vacate and remand a Board of Veterans' Appeals decision that denied service-connected benefits to a U.S. Marine Corps veteran suffering from combat related post-traumatic stress disorder.
The case marks the third successful appeal by the VA Benefits Project and Gibson Dunn partnership on behalf of veterans who have been denied benefits and compensation relating to military service.
Briefs in the U.S. Court of Appeals for Veterans Claims identified multiple errors in the Board's decision, including the Board's failure to account for substantial evidence of the severity and extent of the former marine's PTSD symptoms, which entitles him to a higher rating for his condition. After reviewing the briefs, the Department of Veterans Affairs' Office of General Counsel conceded that the Board had erred in its decision, and the parties filed a joint petition to vacate the Board's decision.
"I am delighted that we achieved another victory for a deserving client through the UCI project," said Sean S. Twomey, attorney at Gibson Dunn and supervisor of the VA Benefits Project. "The Board's decision wrongly downplayed and ignored evidence of the severity of our client's PTSD symptoms. The Court's action not only nullifies the Board's decision, but also specifically mandates that the VA readjudicate the claim giving due consideration to that evidence."