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CAVC Vacates Board Decision and Remands PTSD Case

The CAVC, in the case of Rogliano v. Shinseki, 11-1597 (2/27/13), Vacated a BVA Decision that denied the veteran an increased rating for PTSD from 50% for the period of 6/29/06-9/14/08, and from 75% from 9/15/08. The matter was Remanded. In the case, the court reasoned, “the Board failed to address the symptoms in the context of the occupational and social impairment caused by the appellant’s PTSD. This failure is especially important where the Board noted evidence such as panic attacks, mood instability, and anger, which could have a profound effect on Mr. Rogliano’s occupational and social functioning. Instead, the Board simply considered whether Mr. Rogliano’s symptoms were indicative of symptoms listed under the different disability rating categories”. Thus, the court found that the Board’s assessment frustrated judicial review, and required remand.

Andrew Finkelstein

Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties. An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.