Case Review: #16-3564, Gerhardson v. Shulkin (Can Inadequate Opinion make Inadequate Reasons and Bases harmless error)
What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: the CAVC harmless error rule.} When the BVA issues a remand order, the veteran or surviving spouse is entitled to subs…
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March 16th, 2018
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 38 USC 5103A, American Legion, D'Aries v. Peake 22 Vet. App. 97 (2008), due process violation, Gardner Deference, H.N. Schwarz, Harmless Error, Judge Joseph L. Toth, Margaret K. Krasik, Mark D. Gore, Mathis v. Shulkin 137 S.Ct. at 1995 (June 26 2017), Prickett v Nicholson 20 Vet App 370 (2006), Rizzo v Shinseki 580 F.3d 1288 (Fed. Cir. 2009), Shinseki v. Sanders 556 U.S. 396 (2009), St Paul MN VARO, US Constitution 5th Amendment
PRECEDENTIAL FCOA CASE ALERT: Bly v. Shulkin (17-1287)(EAJA petition deadline at CAVC)
What is the Deep Issue in the Case? This case involves the deadline to file an EAJA Petition at the CAVC. The Equal Access to Justice Act (“EAJA”) requires applications for attorney fees must be filed within 30 days of a court’s fin…
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March 14th, 2018
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 2018 Federal Circuit Court of Appeals, 28 USC 2412, Brandon Michael Selinsky, Circuit Judge Jimmie V. Reyna, Circuit Judge Timothy B. Dyk, Circuit Judge Todd M. Hughes, Disabled American Veteran (DAV), EAJA Petition, Equal Access to Justice Act (EAJA), Impresa Construzioni Geom Domenico Garufi v United States 531 F3d 1367 (Fed Cir 2008), Joseph Whitcom, Joshua E. Kurland, Judge Margaret Bartley, Judge William S. Greenberg, Justin P. Zimmer, Michael Martin, Senior Judge Bruce E. Kasold, Sioux Falls SD VARO
Monday Morning Coffee with Chris: Are You Taking Care of Your Law Firm's Most Important Asset?
Taking care of your law firm’s most important asset. Law is a service business. We help people resolve the disputes which impact their ability to live. That makes your law firm’s most important asset … you. If you are a small firm o…
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March 12th, 2018
Contributor: Chris ("Chrys") Attig
Case Review: 17-0304, Burgess v. Shulkin (Federal appellate court commands professional work product)
What is the Deep Issue in the Case? Very generally stated, the VA has a duty to notify the veteran of the elements of his claim for service connection and the evidence that might prove those elements. 38 USC 5103(a). The VA repeatedly denied service…
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March 9th, 2018
Contributor: Chris ("Chrys") Attig
Monday Morning Coffee with Chris: The one project will drive MASSIVE revenue to your Veterans law firm.
How to drive MASSIVE revenue to your Veterans law firm. I was talking to attorney the other day, and I told her that I believe that drive and focus are the 2 biggest indicators of success for attorneys building a unique brand for their own law firm o…
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March 5th, 2018
Contributor: Chris ("Chrys") Attig
PRECEDENTIAL CAVC CASE ALERT: Golden v. Shulkin (16-1208)(GAF Scores in PTSD Opinion)
What is the Deep Issue in the Case? Preliminary note about GAF Scores: Effective August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them…
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March 1st, 2018
Contributor: Chris ("Chrys") Attig
