3 common errors in BVA “continuity of symptomatology” decisions.

The BVA is a creature of habit – and they have long been in the habit of making mistakes. In fact, something like 70 – 75% of all BVA decisions appealed to the Court of Appeals for Veterans Claims (CAVC) are reversed or remanded for some legal or factual error. Since the passage of the Appeals Modernization Act, the BVA has been flying through decisions. If the first point is peanut butter, and the second point is chocolate, then here’s the Reese’s Peanut Butter Cup: Faster decisions from the BVA means worse decisions from the BVA. And a lot more of them. Here’s an error that the BVA made before Appeals Modernization was passed into law. Since the passage of that veterans benefits law, I see this error almost every single week in BVA decisions. In a nutshell, the mistake is the BVA fails to properly adjudicate a Continuity of Symptomatology argument. What is Continuity of Symptomatology? Going back to our “VA…

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