Case Review: 16-3392, Edmunds v. Shulkin (Lay Evidence & VA Exam Adequacy)
What is the Deep Issue in the Case? Medical examiners are not required to discuss every piece of favorable evidence or provide reasons or bases. Monzingo v. Shinseki, 26 Vet. App. 97 (2012) The veteran testified that he had pain related to 2 current…
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January 23rd, 2018
Contributor: Chris ("Chrys") Attig
Will a VA Government Shutdown affect your client's appeals?
A VA Government shutdown…what a GREAT way to start a Monday morning. Congress decided it was more important to jockey for electioneering leverage than to fund the federal government, so on January 19, 2018, most functions of the Federal Governm…
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January 22nd, 2018
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: va government shutdown
The law firm vision: picking a single golden apple from the orchard.
There are estimated to be over 21 million veterans. Of those, around 4.5 million are considered disabled – they have a medical condition or disability which resulted from their time in service. That is the market of people who may seek out your…
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January 19th, 2018
Contributor: Chris ("Chrys") Attig
PRECEDENTIAL FCOA CASE ALERT: Crediford v. Shulkin (16-1386)
What is the Deep Issue in the Case? Author note: Typically, I work to keep “Deep Issue” summaries below 100 words. I believe this decision is significant, and have worked to keep the Deep Issue as brief as possible while accurately portra…
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January 17th, 2018
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 38 CFR 3.1(m), 38 CFR 3.301, 38 USC 105(a), 38 USC 7104, A.C. Mackenzi, Chief Judge Robert N. Davis, Circuit Judge Evan J. Wallach, Circuit Judge Kathleen O'Malley, Circuit Judge Pauline Newman, Daenia L. Paert, Ken Carpenter, Line of Duty, Military Order of the Purple Heart, Oakland CA VARO, Peter J. Meadows, Willful Misconduct
16-2259: Chavez v. Shulkin
What is the Deep Issue in the Case? A veteran has a burden to present and support a claim for benefits with facts, and not pure speculation or remote possibility. Fagan v. Shinseki, 573 F.3d 1282 (Fed. Cir. 2009) . A VA C&P Exam report must rest…
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January 15th, 2018
VA RAMP (Appeals Reform) Creates 3 New "Appeal" Options. (Part 2 of 5)
This post is Part II of a 5-part series on the VA RAMP (Appeals Reform) system. Here are the topics for each of the 5 parts of the series – as they are published, links will appear to direct you to each part: Part I (Click here to Read Part I):…
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January 11th, 2018
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)
What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage. B…
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January 8th, 2018
Contributor: Chris ("Chrys") Attig
