On December 14, 2016, Judge Mary Schoelen of the US Court of Appeals for Veterans Claims (CAVC) issued a memorandum decision granting the appeal of Amanda Thompson, a Wisconsin widow represented by West & Dunn. Ms. Thompson currently serves as a substitute party for her husband, James Thompson, who passed away during the pendency of his claim for veterans disability benefits.
In its decision, the Court held that the Board of Veterans Appeals failed to provide adequate reasons and bases for its determination that the US Department of Veterans Affairs properly addressed the evidence submitted in support of Mr. Thompson's claim. In particular, the Court found that Board failed to address the frequency, duration, and severity of symptoms reported by Mr. Thompson throughout his appeal, as well as the impact that those symptoms may have had upon his life both socially and professionally.
As a result, the Court vacated the Board's decision, remanding the matter with instructions to the Board to address the case in a manner consistent with the applicable law.
The full decision is available through the court's website at this link: Thompson v. McDonald, Vet. App. No. 15-1623.