A Look Back at a Tenth Circuit Veterans Case

This month we celebrate Veterans. So let's discuss a well-established case from the Tenth Circuit decided in 2018, which has significant implications for disability claims involving Veterans Affairs (VA) ratings: Green v. Commissioner of Social Security Administration.

Green, an Army veteran, was denied Social Security disability benefits despite being rated 100% unemployable by the VA because of his PTSD and other service-related conditions. Despite this, the ALJ concluded Green could perform medium work and dismissed the VA’s findings, focusing instead on Social Security's stricter criteria.

The central issue on appeal was the ALJ's failure to properly consider the VA’s unemployability rating. The court emphasized that while VA decisions are not binding on Social Security claims, they should still be properly analyzed. 

The ALJ, however, discounted the VA’s assessment by merely stating that the two agencies have different standards without addressing the substantial psychological evidence that the VA relied upon.

The Tenth Circuit reversed the ALJ's decision, citing the failure to adequately consider the VA's disability rating and the related mental health evidence. 

The case was remanded, reinforcing the idea that ALJs must provide more than a cursory dismissal of the VA's findings, especially when the claimant’s mental health issues, such as PTSD, are significantly involved. Here are some key takeaways from this case:

Cross-Agency Decisions

While VA and Social Security disability criteria differ, ALJs must engage with the underlying evidence, not just dismiss the rating.

Mental Health Evidence

This case highlights the importance of thoroughly addressing psychiatric evaluations, especially when PTSD or other mental health issues are central to the claim.

Proper Consideration 

Ensure that when cross-referencing other agency findings (like the VA), the ALJ discusses specific evidence supporting or contradicting the findings, instead of broadly dismissing them.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.