» Veterans Law Updates

Case Review: 17-0304, Burgess v. Shulkin (Federal appellate court commands professional work product)

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… Read More
March 9th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: attorney ethics, Disabled American Veteran (DAV), due process violation, Hartford CT VARO, James R. Drysdale, Judge Coral W. Pietsch, Maxwell D. Kinman, Michael E. Kilcoyne

PRECEDENTIAL CAVC CASE ALERT: Golden v. Shulkin (16-1208)(GAF Scores in PTSD Opinion)

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August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them… Read More
March 1st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2018 Panel, Columbia SC VARO, DSM-IV, DSM-V, Ethan F. Maron, GAF Scores, Jacqueline E. Monroe, Jeany Mark, Judge Coral W. Pietsch, Judge Michael Allen, Judge William S. Greenberg, Lieberman & Mark, ptsd, PTSD opinions, ptsd rating, Sarah W. Fusina

Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)

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… Read More
February 15th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 C.F.R. 3.156(b), Auer v. Robbins 519 U.S. 452 (1997), Chief Judge Robert N. Davis, Jonathan B. Kramer, Judge Coral W. Pietsch, Judge Michael Allen, Lindsay Gower, Little Rock AR VARO, Military Order of the Purple Heart, new and material evidence, regulatory interpretation, reopen

PRECEDENTIAL CAVC CASE ALERT: Harvey v. Shulkin (16-1515)(Lawyer as Medical Expert)

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… Read More
February 9th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2018 Panel, Chief Judge Robert N. Davis, Dr. David Anaise M.D./J.D., Federal Rules of Evidence, Jonathan B. Kramer, Judge Margaret Bartley, Judge Mary J. Schoelen, Medical Expert, ptsd, Ronen Z. Morris, sleep apnea, St. Petersburg FL VARO

PRECEDENTIAL CAVC CASE ALERT: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)

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… Read More
February 1st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 CFR 3.114, 38 CFR 3.304(f), 38 CFR 3.400, Chief Judge Robert N. Davis, dissent, effective date, Judge Coral W. Pietsch, Judge Margaret Bartley, liberalizing rule, Michael E. Kilcoyne, Nathan P. Kirschner, pro-se, ptsd, Waco TX VARO

PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)

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… Read More
January 31st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 USC 1110, 38 usc 1155, 38 USC 7252, A. Jaeger, CCK, Dana N. Weiner, Disabled American Veteran (DAV), Judge Coral W. Pietsch, Judge Margaret Bartley, Judge Mary J. Schoelen, Los Angeles CA VARO, obesity, Omar Yousaf, Wanner v. Principi 370 F.3d 1124 (Fed. Cir. 2004), Zachary M. Stolz

Case Review: 16-3392, Edmunds v. Shulkin (Lay Evidence & VA Exam Adequacy)

What is the Deep Issue in the Case? Medical examiners are not required to discuss every piece of favorable evidence or provide reasons or bases. Monzingo v. Shinseki, 26 Vet. App. 97 (2012) The veteran testified that he had pain related to 2 current… Read More
January 23rd, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: American Legion, Anita U. Ajenifuja, Judge Joseph L. Toth, lay evidence, Maxwell D. Kinman, Monzingo, Nathaniel J. Doan, Roanoke VA VARO, VA Exam Adequacy

Will a VA Government Shutdown affect your client's appeals?

A VA Government shutdown…what a GREAT way to start a Monday morning. Congress decided it was more important to jockey for electioneering leverage than to fund the federal government, so on January 19, 2018, most functions of the Federal Governm… Read More
January 22nd, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: va government shutdown

PRECEDENTIAL FCOA CASE ALERT: Crediford v. Shulkin (16-1386)

What is the Deep Issue in the Case? Author note: Typically, I work to keep “Deep Issue” summaries below 100 words. I believe this decision is significant, and have worked to keep the Deep Issue as brief as possible while accurately portra… Read More
January 17th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 CFR 3.1(m), 38 CFR 3.301, 38 USC 105(a), 38 USC 7104, A.C. Mackenzi, Chief Judge Robert N. Davis, Circuit Judge Evan J. Wallach, Circuit Judge Kathleen O'Malley, Circuit Judge Pauline Newman, Daenia L. Paert, Ken Carpenter, Line of Duty, Military Order of the Purple Heart, Oakland CA VARO, Peter J. Meadows, Willful Misconduct

16-2259: Chavez v. Shulkin

What is the Deep Issue in the Case? A veteran has a burden to present and support a claim for benefits with facts, and not pure speculation or remote possibility. Fagan v. Shinseki, 573 F.3d 1282 (Fed. Cir. 2009) . A VA C&P Exam report must rest… Read More
January 15th, 2018
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Categories: Veterans Law Updates
Tags: Acevedo v. Shinseki 24 Vet. App. 286 (2012), Deborah W. Singleton, Denver CO VARO, Fagan v. Shinseki 573 3d 1282 (Fed Cir. 2009), inadequate exam, Joshua L. Wolinsky, Judge Mary J. Schoelen, Sean Ravin, VA C&P Exam
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