» Disabled American Veterans (DAV)
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. 20-2705, Clifton v. Wilkie (BVA decision overlooked earlier effective date argument)
This case involves a BVA decision for a US Army veteran (1979 – 1985) who sought an earlier effective date for the grant of service connection for his hypertensive kidney disease. The appeal was resolved through a joint motion to remand. ISSUE…
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Client Win: CAVC No. 17-3247, Goodman v. Wilkie (Service connection for arthritis, continuity of symptomatology)
This case involves a veteran’s appeal to the BVA seeking service connection for arthritis. The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a b…
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Client Win: CAVC No. 16-1706, Feldman v. Shulkin (BVA errs in relying on 7 year old IBS exam)
This case had multiple errors in it. One of the major errors was the BVA treatment of the client’s Irritable Bowel Syndrome (IBS). The Veteran initially had an exam in 2009 to rate his service-connectedIrritable Bowel Syndrome (IBS). By the tim…
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Client Win: CAVC No. 15-1473, Vineyard v. McDonald (Service Connection of a Shoulder Injury)
This case involves 3 errors made by the BVA Veterans Law Judge in denying service connection of a shoulder injury. First, the Board of Veterans Appeals is required to address certain evidence favorable to a veteran. 38 U.S.C. § 7104(d)(1). The BVA d…
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