Baker Botts was appointed by the Veterans Consortium Pro Bono Program to serve pro bono before the United States Court of Appeals for Veterans Claims in support of pro se Appellant, Willie K. Oliver. Mr. Oliver sought to appeal a decision by the Board of Veteran Appeals (the “Board”) denying a request to reopen his claim for entitlement to service connection for post-traumatic stress disorder related to his service in the United States Army. This decision marked the third denial by the Board to reopen Mr. Oliver’s claims. The Board supported its decision on the grounds that Mr. Oliver failed to submit new material evidence in support of his claim, despite the fact that new evidence was indeed submitted by Mr. Oliver.
Baker Botts represented Mr. Oliver at a Rule 33 Conference, where Baker Botts and counsel from the U.S. Department of Veterans Affairs negotiated a joint disposition of the case in front of the Court of Appeals for Veterans Claims. As a result of the Rule 33 Conference, the Board conceded error in its denial to reopen the case and agreed to remand the case to reevaluate Mr. Oliver’s claim for entitlement to service connection for post-traumatic stress disorder. A joint motion for partial remand was submitted by the parties to the of the Court of Appeals for Veterans Claims and was approved on November 20, 2020.
As a result of the victory, Baker Botts was awarded attorneys’ fees in the amount of $7,964.09, which will be donated to the Veterans Consortium Pro Bono Program.
The Baker Botts Team included:
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