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Veterans Law updates.
When I represent a veteran before the VA Regional Office or BVA, I build my client’s case based on the current law as I understand it. My Notice of Disagreement is shaped by the legal errors that the Court of Appeals for Veterans Claims (CAVC)…
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December 1st, 2017
Categories: Veterans Law Updates
Four standards of review at the Veterans Court.
When appellate courts review the decisions of lower courts – or in administrative law where a Court like the US Court of Appeals for Veterans Claims (CAVC) reviews the decisions of the BVA, an administrative tribunal – they use “sta…
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May 18th, 2022
Contributor: Chris Attig
Tags: 38 C.F.R. §20.1304, abuse of discretion, arbitrary or capricious, Butts v. Brown 5 Vet. App. 532 (1993) (en banc), clearly erroneous, de novo, Gilbert v. Derwinski 1 Vet App 49 (1990), Hersey v. Derwinski 2 Vet. App. 91 (1992), inadequate reasons and bases, not in accordance with the law, standards of review, Thun v. Peake 22 Vet. App. 111 (2008)
Veterans Court: What constitutes loss of use of a reproductive organ for purposes of SMC?
In January 2021, the loss of use of a reproductive organ for SMC purposes was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bria v. Wilkie. The panel consisted of Judge Meredith (who wr…
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March 2nd, 2021
Contributor: Chris Attig
Veterans Court: VA rating for prostate cancer should consider residuals.
In January 2021, the VA rating for prostate cancer was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bailey v. Wilkie. The panel consisted of Chief Judge Bartley (who wrote the opinion…
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February 26th, 2021
Contributor: Chris Attig
Categories: Veterans Law Updates
Veterans Court weighs in on VA Ratings for Migraines
In November 2020, a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Holmes v. Wilkie. In it, the Court laid out a road map for Veterans trying to get the correct VA rating for migraines. In this video,…
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February 12th, 2021
Contributor: Chris Attig
Categories: Veterans Law Updates
Lawyers with a Purpose: a path to happiness in the law.
If you hear the phrase, lawyers with a purpose, what is your immediate reaction? Do you roll your eyes? Yawn? Close this page and find something else to read? I’ll be honest, the first time a business coach told me that my law practice needs to…
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September 6th, 2019
Contributor: Chris Attig
Precedential CAVC Alert: Quinn v. Wilkie (17-4555)
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.” When a veteran has a BVA hearing, and seeks another hearing after the BVA decision is vacated and remanded,…
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August 28th, 2019
Categories: Veterans Law Updates
Tags: 2019 CAVC Decisions, 38 USC 7107(b), BVA hearings, Cook v Wilkie ___ F3d ____ (November 13 2018), Drew Silow, Equal Access to Justice Act (EAJA), Judge Coral W. Pietsch, Judge Mary J. Schoelen, Judge Michael Allen, Ken Carpenter, M.E. Larkin, Penelope E. Gronbeck, Quinn v Wilkie ___ Vet. App. ___ (2019), St. Petersburg FL VARO, VA Office of General Counsel
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 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
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 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 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