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» Veterans Law Updates

How the BVA misapplies the Presumption of Soundness.

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Reviewing the Record Before the Agency (RBA) may be the most important thing you do in your CAVC appeal.

Every appeal to the US Court of Appeals for Veterans Claims (CAVC) begins by filing a Notice of Appeal with the CAVC. Shortly after receiving a Notice of Appeal, the CAVC assigns a docket number. The CAVC Docket Number is the reference number th… Read More
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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. Read More
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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 depende… Read More
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Does the VA Duty to Assist require giving to veterans a copy of their C&P opinions?

One of our clients’ cases, Martinez v. Wilkie, No 17-1551, was recently set for a panel decision by the US Court of Appeals for Veterans Claims (CAVC).We are not yet sure if there will be supplemental briefing or oral argument at this time. I… Read More
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FCOA Precedent Alert: Cook v. Wilkie (Can a veteran have more than one BVA hearing?)

What is the Deep Issue in the Case? 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.”  On remand from the Veterans Court, the veteran asked for a new BV… Read More
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Coffee w/ Chris: The Supreme Court takes on Agent Orange (11-5-2018).

Coffee w/ Chris: (Monday, November 5, 2018) The Supreme Court takes on Agent Orange. It is not often that the Supreme Court takes up a veterans disability claim. This past Friday, SCOTUS granted cert in a case called Gray v. Wilkie. The question… Read More
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Procopio, Procopio, Wherefore Art The Pro Veterans Canon?

UPDATE – January 29, 2019: Procopio Wins!  Presumption of Agent Orange Exposure extended to Blue Water Navy Veterans. Click here to read the Federal Circuit’s opinion – and stay tuned, as there is a lot to unpack in this decision,… Read More
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CAVC Docket Update: Appeals Submitted for CAVC Panel Decision and Oral Argument (June 2018)

In June 2018, it appears that the Court of Appeals for Veterans Claims (CAVC) has set 1 case for Panel Decisions and 4 cases for Oral Argument and Panel Decision.  I do my best to seek out and find all cases submitted to a CAVC Panel or set for Oral… Read More
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Episode 010: "No, I won't give you my Debit Card PIN Number" (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)

What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effe… Read More
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Taking Point! Blog

Jun
3
I really can’t take it anymore. I’m sure many like you feel the same way. Every time another child with a military weapon ambushes a school full of children, I am overwhelmed with emotions that have no outlet. I can’t even process… Read More
May
27
  While on our way to the nutcracker audition at the local theatre I asked my 9-year-old daughter how her day went at school. “It was okay.  We had another active shooter drill.  When the drill started, I had to run behind and under my teacher… Read More
May
23
After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.   There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.  Do I feel happy when my kids… Read More
May
18
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 “… Read More

Read the "Taking Point!" Blog

Recent Cases

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… Read More
This case involves the BVA judge’s inadequate reasoning of his denial of a veteran’s past-due benefits in a claim for an increased rating due to an increase in the severity of the veteran’s PTSD. The appeal was resolved through a jo… Read More
This case involves the BVA’s failure to comply with a Veterans Court Order in a January 2020 Memorandum Decision. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA fails to comply with Veterans Court Ord… Read More

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