What is the Deep Issue in the Case? 38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.” On remand from the Veterans Court, the veteran asked for a new BVA hear… Read More

In today’s episode, I’m going to give you a quick introduction to the case of Cook v. Wilkie, a November 2018 precedential decision from the U.S. Court of Appeals for the Federal Circuit. This case is big: it involves when and how the BVA… Read More

Coffee w/ Chris: (Monday, November 5, 2018) The Supreme Court takes on Agent Orange. It is not often that the Supreme Court takes up a veterans disability claim. This past Friday, SCOTUS granted cert in a case called Gray v. Wilkie. The question in t… Read More

UPDATE – January 29, 2019: Procopio Wins! Presumption of Agent Orange Exposure extended to Blue Water Navy Veterans. Click here to read the Federal Circuit’s opinion – and stay tuned, as there is a lot to unpack in this decision, an… Read More

Coffee w/ Chris: (Monday, October 29, 2018) What Financial Metrics are important to evaluate your law firm’s progress? If you get behind the wheel of any car, there are certain metrics you will find on the dashboard. Are there similar metrics t… Read More

What to do when you get back from a Legal Conference? I just returned home from a multi-day legal conference: this time the Fall Conference for the National Organization for Veterans Advocates (NOVA) in Washington, D.C. Here’s what I’ll t… Read More

In June 2018, it appears that the Court of Appeals for Veterans Claims (CAVC) has set 1 case for Panel Decisions and 4 cases for Oral Argument and Panel Decision. I do my best to seek out and find all cases submitted to a CAVC Panel or set for Oral A… Read More

What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effec… Read More