» Veterans Law Updates
How the BVA misapplies the Presumption of Soundness.
May 15th, 2019
Contributor: Chris 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)
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 that is…
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May 13th, 2019
Contributor: Jennifer Steel
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 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 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
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. In…
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January 17th, 2019
Contributor: Chris Attig
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 BVA hear…
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November 15th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 7107(b), Barbara Thomas, Chevron deference, Circuit Judge Alan D. Lourie, Circuit Judge Pauline Newman, Circuit Judge Raymond C. Clevenger, Covington and Burling LLP, Francis M. Jackson, John Niles, Judge Coral W. Pietsch, Judge Margaret Bartley, K.L. Wallin, Ken Carpenter, Manchester NH VARO, Milo H. Hawley, Nathan P. Kirschner, Penelope E. Gronbeck, pro veteran, Procopio, Senior Judge Lawrence B. Hagel, Skidmore deference
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 in t…
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November 6th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
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, an…
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November 1st, 2018
Contributor: Chris Attig
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 A…
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July 19th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 C.F.R. §3.114(a), 38 C.F.R. §3.344, 38 U.S.C. §5904, Abhinav Goel, attorney fees, Christian A. McTarnaghan, Christopher W. Brown, Clear and Unmistakeable Error (CUE), Debra L. Bernal, effective date, extra-schedular rating, Jenna E. Zellmer, John F. Cameron, Judge Joseph L. Toth, Judge Margaret Bartley, Judge Michael Allen, Judge William S. Greenberg, Kenneth H. Dojaquez, liberalizing law, Margaret E. Sorrenti, Michael G. Imber, ptsd, Snyder v. Nicholson 489 F.3d. 1213 (Fed. Cir. 2007), stabilized rating, Thun v. Peake 22 Vet. App. 111 (2008)
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 effec…
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July 12th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 C.F.R. §20.204, Alexander O. Canizares, Circuit Judge Haldane Robert Mayer, Circuit Judge Kathleen O'Malley, Circuit Judge Richard G. Taranto, DeLisio v. Shinseki 25 Vet. App. 45 (2011), Disabled American Veterans (DAV), Fla. Power & Light Co. v. Lorion 470 U.S. 729 (1985), Joshua L. Wolinsky, Judge Alan G. Lance Sr., Louisville KY VARO, McDermott Will & Emery LLP, Milo H. Hawley, Natalie A. Bennett, withdraw an appeal
