It's not bad to be an Unhappy Lawyer.
“I am not happy doing what I’m doing.” I’ve had that thought several times in my life. We all have – I hope. In fact, the thought that I was unhappy doing what I was doing was the thought that led me to law school. Back in 1999, I was worki…
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August 23rd, 2019
Contributor: Chris ("Chrys") Attig
Categories: Building a Better Law Firm
Federal Circuit Precedent Alert: Shea v. Wilkie (scope of an informal VA claim)
WHAT IS THE DEEP ISSUE? In determining whether or not a veteran’s formal claim for one condition raised an informal VA claim for a second condition, the CAVC must ensure that the BVA liberally construes the record to determine if the veteran id…
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August 21st, 2019
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 2017 Court of Appeals for Veterans Claims Decisions, 2019 Federal Circuit Court of Appeals, 38 CFR 3.155(a), Brent A. Bowker, Circuit Judge Jimmie V. Reyna, Circuit Judge Richard G. Taranto, Circuit Judge Timothy B. Dyk, Covington and Burling LLP, harvey p. roberts, informal claims, Isaac Chaim Belfer, Judge Amanda L. Meredith, Mollie Lenore Finnan, notice of intent to file VA claim, NVLSP, Richard V. Spataro, St. Petersburg FL VARO
Replace yourself from the ground up.
“I can’t take a day off or a vacation. Someone has to get the work done.” If you are a lawyer and that is the reason you are not taking a vacation, or at least a day off, then you are bailing water from a sinking ship. Working to keep from drow…
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August 12th, 2019
Contributor: Chris ("Chrys") Attig
Lawyer Wellness in the practice of law.
“To be a good lawyer, one has to be a healthy lawyer.” So begins an August 2017 report from the National Task Force on Lawyer Well-Being. The problem with this statement, however, is that it is a false comparison. Some of the best attorne…
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August 9th, 2019
Contributor: Chris ("Chrys") Attig
PRECEDENTIAL CAVC CASE ALERT: Buffington v. Wilkie (17-4382).
What is the Deep Issue in the Case? This case involved one issue, framed in 3 ways. In this case, the veteran was receiving disability compensation from the VA when he returned to active military service. His VA benefits were automatically terminated…
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August 5th, 2019
Contributor: Chris ("Chrys") Attig
How to Talk to an Attorney When Seeking Representation in VA claims.
In the past decade or so, Attig | Steel has talked with thousands of veterans seeking help with their VA Claims and Court Appeals. During that time, we have reviewed all kinds of VA claims, at all stages of appeal, and communicated with Veterans and…
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August 1st, 2019
Contributor: Jennifer Steel
Tags: hiring an attorney
PRECEDENTIAL CAVC CASE ALERT: Martinez v. Wilkie (17-1551)(38 USC 5103A, the Duty to Assist and C&P Opinions)
What is the Deep Issue in the Case? This case had two issues: one statutory and the other constitutional. Issue#1: 38 U.S.C. §5103A(a)(1) requires the Secretary “assist a claimant in obtaining evidence to substantiate the claim.” The Secretary d…
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May 28th, 2019
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 38 USC 5103A, 38 USC 5104, 38 USC 5109, 38 USC 7109, Ashley D. Varga, due process violation, Duty to Assist, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge Joseph L. Toth, Michael Martin, Morgan & Morgan, St. Petersburg FL VARO, Stacey Clark, University of Missouri Law School Veterans Clinic
How the BVA misapplies the Presumption of Soundness.
May 15th, 2019
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 38 USC 1111, Bergman and Moore law firm, BVA Decisions, clearly erroneous, Crowe v. Brown 7 Vet. App. 238 (1994), David A.F. Litvak, Horn v Shinseki 25 Vet. App. 231 (2012), inadequate reasons and bases, Judge Amanda L. Meredith, M. Tenner, McKinney v McDonald 28 Vet. App. 15 (2016), Nathan P. Kirschner, presumption of soundness, shoulder, Wagner v Principi 370 F3d 1089 (Fed Cir 2004)
3 common errors in BVA "continuity of symptomatology" decisions.
If I could write a list of the most common errors in BVA decisions, erroneous continuity of symptomatology decisions would top the list.
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May 6th, 2019
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of "children" in substitution statute)
What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s dependent p…
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April 24th, 2019
Contributor: Chris ("Chrys") Attig
Categories: Veterans Law Updates
Tags: 38 USC 5121(a), Chevron deference, Chief Judge Sharon Prost, child, Circuit Judge Evan J. Wallach, Circuit Judge Jimmie V. Reyna, D.M. Donahue, Jennifer Hwa, Joshua E. Kurland, Judge Coral W. Pietsch, Judge Mary J. Schoelen, Judge William S. Greenberg, Ken Carpenter, Michele R. Katina, pro veteran canon, St Louis MO VARO
