Desmarais LLP recently secured a victory for a pro bono client before the U.S. Court of Appeals for Veterans Claims (CAVC), obtaining a remand in a case involving disability benefits for service-connected chronic bronchitis.
The client, a Navy veteran who served on combat deployments to the Persian Gulf, had been denied benefits by the Department of Veterans Affairs (VA) and the Board of Veterans’ Appeals. The Board had relied on a VA examiner’s opinion that lacked any meaningful explanation, instead pointing only to a checked box identifying one diagnostic test as the most reliable. That test was the only result in the record that did not support a disability rating, while the remaining available results did.
Desmarais argued before the CAVC that the examiner’s report was inadequate and that the Board failed to properly evaluate it before denying benefits. The CAVC agreed and remanded the case to the Board for further proceedings, allowing the client to continue pursuing his claim for benefits.
The Desmarais team included Justin Wilcox, Tom Romanchek, Tom Derbish, Mek Solomon, and Donna Simmons.
We are honored to support veterans through our pro bono work.
Desmarais LLP Secures Federal Circuit Win For Medivis, Reversing PTAB Decision
Appellate
Desmarais LLP achieved a victory on appeal at the Federal Circuit on behalf of Medivis, Inc. The victory revives Medivis’s challenge in the Patent Trial and Appeal Board against a...
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