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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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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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August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them…
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My hope is that the metaphor of a running shoe changes the way you think about your law firm’s brand. I’m a runner – I run not just for fun, but also to raise money for my favorite non-profits. When a runner is ready to buy a pair o…
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Sizing up the Competition in Veterans Benefits Law. A new veterans benefits lawyer told me the other day: “I can’t compete with the big law firms in Veterans benefits law. Those big firms have contracts with VSOs and scoop up all the good…
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What is the Deep Issue in the Case? New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as filed in connection with the claim which was pending at the beginning of the appeal per…
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When you are a solo or small law firm representing disabled Veterans, you do a lot to keep your law firm running. 3 revenue generating activities, however, are the key to building a viable and sustainable VA Benefits law practice.
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What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims has laid out clear standards for determining the adequacy of a VA expert opinion in a VA disability compensation claim. Accord, e.g., Monzingo v. Shinseki, 26 Vet.App. 97 (2…
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What is the Deep Issue in the Case? The general effective date rule says that the later of the date entitlement arose and the date of the claim for benefits is the effective date for a VA PTSD claim. 38 C.F.R. §3.400. When a liberalizing rule change…
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What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 – or an…
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This case involves the BVA’s failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original c… Read More
This case involves the BVA judge’s inadequate reasoning of a denial of a veteran’s claim for an increased rating for PTSD. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA overlooked evidence of s… Read More
This case involves the BVA judge’s inadequate reasoning of his denial of a veteran’s past-due benefits in a claim for an increased rating due to an increase in the severity of the veteran’s PTSD. The appeal was resolved through a jo… Read More