Baker Botts lawyers Jon Finelli and Christina Bogdanski represented Mr. Liszewski in challenging a decision from the Board of Veterans’ Appeals (Board) that denied his claim for benefits pursuant to “service connection” for an injury that developed while Mr. Liszewski served as an airborne infantryman from 1971 to 1972 and has plagued him since. The Board initially relied on a medical conclusion from a VA medical examiner to override Mr. Liszewski’s testimony as to his symptoms.
The Veterans Consortium Pro Bono Program asked Baker Botts to represent Mr. Liszewski in his appeal of the Board’s decision to the U.S. Court of Appeals for Veterans Claims. Following the filing of multiple motions and briefs over 16 months, the appellate court in December reversed the Board’s decision and remanded the matter for the Board to consider whether service connection is proper under a theory of continuity of symptomatology. Accordingly, the Board must now re-evaluate Mr. Liszewski’s claim based on the theory advanced in his appeal by Baker Botts.
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