Precedential Cases Won by Bergmann & Moore

At the Court of Appeals for Veterans Claims, certain cases decided by a panel of judges (more than one) can become legal precedent, setting an authority for deciding subsequent cases where the facts or legal issues are similar.

Bergmann & Moore is proud to have won the following precedent-setting cases within the last two years:

  • Andrews v. McDonough, 34 Vet. App. 216 (2021)
    • Andrews v. McDonough reversed and awarded service connection in a claim for Hepatitis C where the evidence was sufficient for VA to grant service connection and further development by VA could only be for the purpose of developing evidence against the claim. Watch the case
  • Crews v. McDonough, 34 Vet. App. (2023) holding that the retroactive-effective-date provisions of the Blue Water Navy Act are not limited to claims that were previously denied due to lack of exposure. Watch the case.
  • Edwards v. McDonough, 34 Vet. App. (2023)  Court holds that VA cannot just ignore evidence that a veteran submits with their appeal. Watch the case.
  • Grimes v. McDonough, 34 Vet. App. 84 (2021)
    • Grimes v. McDonough holds that the scope of the Veteran’s claim must be based upon a sympathetic reading of the Veteran’s description of their symptoms including “the evidence submitted and developed throughout the appeal.” 
  • Helmick v. McDonough, 34 Vet. App. 141 (2021)
    • Helmick v. McDonough holds that accrued benefits may be paid to a survivor who lent money to a Veteran or widow that was then used to pay for the expenses of the Veteran’s or widow’s last sickness and/or burial. Watch the case.
  • Miller v. Wilkie, 32 Vet. App. 249 (2020)
    • Miller v. Wilkie holds that a VA medical examination that fails to consider the Veteran’s lay statements is inadequate and requires a new examination. Watch the case.
  • Ventris v. McDonough, 34 Vet. App. 300 (2021)
    • Ventris v. McDonough holds that a surviving spouse who remarried after the Veteran’s death and whose subsequent remarriage(s) were terminated in divorce and who filed a claim for dependency and indemnity compensation (DIC), is not barred from eligibility for DIC benefits.

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Disclaimer: This information is not legal advice. Using this information, understand that there is no attorney-client relationship created by reading or using the information on this website.​