» debra bernal
Client Win: CAVC No. 20-6914 (BVA failed to consider regulation for earlier effective date for Parkinson's disease)
This case involves the BVA judge’s failure to consider whether a VA regulation required an effective date for Parkinson’s Disease earlier than May 2017. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC…
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Client Win: CAVC No. 19-2012 (Veterans Court rejects VA Office of General Counsel arguments that the veteran withdrew his appeals)
This case involves the Court’s rejection of VA Office of General Counsel arguments regarding the legal standard for withdrawing a claim before the VA Agency of Original Jurisdiction (AOJ) or the BVA. The BVA construed a statement that “I…
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Client Win: CAVC No. 21-2655, (BVA overlooked evidence of suicidal ideation in claim for an increased PTSD rating)
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…
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