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Case Review: 16-1624, Crawley v. Shulkin (Inadequate BVA Reasoning)

  What is the Deep Issue in the Case? Because a medical exam opinion addresses issues of material fact, the BVA must provide a statement of the reasons or bases for its determination that is “adequate to enable a claimant to understand the pre… Read More
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Case Review: 16-3961, DeCent v. Shulkin (Scope of a Claim)

  What is the Deep Issue in the Case? The scope of a claim is determined by a sympathetic assessment of the veteran’s description of the claim, the veteran’s symptoms and information submitted to or received by the VA in support of the claim… Read More
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Case Review: 16-1655, Hubert D. Bone v. Shulkin (PTSD Rating)

What is the Deep Issue in the Case? The need for adequate reasons and bases from a BVA Judge is particularly acute when the findings and conclusions pertain to the degree of disability resulting from a mental health condition. Mittleider v. West, 11… Read More
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Case Review: 16-3258, Efrem Knowles

What is the Deep Issue in the Case? The probative value of a medical opinion in a VA benefits claim derives from the factually accurate, fully articulated, sound reasoning for the conclusion. Nieves-Rodriguez v Peake, 22 Vet. App. 295, 304(2008). The… Read More
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Case Review: 16-2192, Roderick C. Dean v. Shulkin

  What is the Deep Issue in the Case? The Board of Veterans Appeals must analyze the legal credibility and probative value of the evidence, accounting for that which is persuasive or unpersuasive, and providing reasons for rejection material evi… Read More
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Case Review: CAVC #16-2628, George Kemp, Jr. v. Shulkin

  What  is the “Deep Issue” in the case? A veteran is entitled to special monthly compensation (SMC) if, owing to a service-connected disability the veteran suffered anatomical loss of use of one or both feet. 38 U.S.C. § 1114(k),… Read More
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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)… Read More
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Your Complete Guide to the CAVC: the US Court of Appeals for Veterans Claims.

CAVC Court Background.  The United States Court of Appeals for Veterans Claims (CAVC) was created on November 18, 1988, by Public Law 100-687. The CAVC is not a part of the Department of Veterans Affairs — the CAVC is a federal court and part… Read More
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Recent Cases

This case involves the special, and very powerful, Nehmer effective date rules.  Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first clai… Read More
This case involves the BVA’s rejection of a theory of service connection by aggravation for a back condition. The BVA refused to service connect the veteran’s back injury, which he argued was aggravated by service-connected knee and hip i… Read More
  This case involves a veteran who served in the Air Force from 1953 to 1957. During service, he injured his back on a flight line, and has repeatedly tried to service connect the injury since leaving service in 1957. Each time, the claim was de… Read More

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Taking Point! Blog

Jun
26
“I am a Black man who jogs” was written by Augustus Turner, Mr. Turner retains all copyright to the image and content; it is republished here with his permission. Augustus Turner is a husband, a father, a soldier, and an attorney.… Read More
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Earlier this year, I tested an idea – what if a group of lawyers grabbed a virtual cup of coffee every Monday morning and chatted about their progress building a profitable law firm that prioritizes the attorney’s well being? Thos… Read More
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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… Read More
Sep
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The Business of Law – its not something we really think about until we need to know something about it. Every time I’ve needed to find a lawyer who can help me understand the law, argue a point in a motion or brief, or figure out the pra… Read More

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