Generated by All in One SEO v5.0.1.1, this is an llms.txt file, used by LLMs to index the site. # Attig Steel, PLLC Caring. Effective. Efficient. ## Sitemaps - [XML Sitemap](https://attigcurransteel.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Taking Point!](https://attigcurransteel.com/taking-point/) - [8 Reasons to Choose Attig | Curran |Steel to handle your Veterans Court appeals.](https://attigcurransteel.com/uncategorized/8-reasons-to-choose-attig-curran-steel-to-handle-your-veterans-court-appeals/) - If you are an agent, VSO, or attorney, you have a tough decision under AMA when the BVA issues a denial of your client's benefits. On one hand, you can file a supplemental claim. On the other, you can file an appeal to the US Court of Appeals for Veterans Claims (CAVC). Which strategy you - [TK CITE: NOVA Cincy 2022 referral](https://attigcurransteel.com/uncategorized/nova-cincinnati-2022-referral/) - [It's not bad to be an Unhappy Lawyer.](https://attigcurransteel.com/better-law-firm-veterans/fixing-the-unhappy-lawyer/) - “I am not happy doing what I’m doing.” I’ve had that thought several times in my life. We all have – I hope. In fact, the thought that I was unhappy doing what I was doing was the thought that led me to law school. Back in 1999, I was working as a supervisor - ["Mind Your Business"](https://attigcurransteel.com/better-law-firm-veterans/mind-your-business-of-law/) - 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 practice of law, I’ve been able to find - [Lawyers with a Purpose: a path to happiness in the law.](https://attigcurransteel.com/veterans-law-updates/lawyers-with-a-purpose/) - 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 have a purpose, I was paralyzed. "Finding my purpose" - [Introducing the Lawyers Coffee Crew (Episode 001)](https://attigcurransteel.com/lawyer-well-being/introducing-the-lawyers-coffee-crew-episode-001/) - 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? Those "Monday Morning Coffee" posts and videos have been really popular. I'm happy to announce that - ["I am a Black man who jogs."](https://attigcurransteel.com/about-the-blog/i-am-a-black-man-who-jogs/) - "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. He currently serves as Judge Advocate in the U.S. Army. Mr. Turner has worked - [Four standards of review at the Veterans Court.](https://attigcurransteel.com/veterans-law-updates/cavc-standards-of-review/) - 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 "standards of review" to assess whether or not there was an error in the decision below. - [Federal Circuit Precedent Alert: Shea v. Wilkie (scope of an informal VA claim)](https://attigcurransteel.com/veterans-law-updates/federal-circuit-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 identified the second condition as part of the benefit sought. 38 C.F.R. §3.155a. - [The Business of Law](https://attigcurransteel.com/business-of-law/va-form-21-blog-business-veterans-law/) - Anybody can hang out a shingle and start a small law firm, but the attorneys who will succeed must invariably learn something about the business of law. There are, in theory, so many resources available that one might think it would be hard to fail at this endeavor. Bar associations provide law firm startup kits. - [Veterans Law updates.](https://attigcurransteel.com/veterans-law-updates/va-form-21-blog-legal-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) has identified in case after case. The evidence I add - [Lawyer Wellness in the practice of law.](https://attigcurransteel.com/lawyer-well-being/lawyer-wellness/) - "To be a good lawyer, one has to be a healthy lawyer." So begins an August 2017 report from the National Task Force on Lawyer Well-Being. The problem with this statement, however, is that it is a false comparison. Some of the best attorneys I have known are "not healthy." One suffers from terminal brain - [The law firm vision: picking a single golden apple from the orchard.](https://attigcurransteel.com/business-of-law/law-firm-vision-veteran-sleep-apnea/) - There are estimated to be over 21 million veterans. Of those, around 4.5 million are considered disabled - they have a medical condition or disability which resulted from their time in service. That is the market of people who may seek out your legal services as a VSO, accredited attorney, or accredited agent. Let me - [Monday Morning Coffee with Chris: 3 Top Revenue Generating Activities for accredited VA attorneys.](https://attigcurransteel.com/business-of-law/monday-morning-coffee-chris-3-top-revenue-generating-activities-accredited-va-attorneys/) - When you are a solo or small law firm representing disabled Veterans, you do a lot to keep your law firm running. 3 revenue generating activities, however, are the key to building a viable and sustainable VA Benefits law practice. - [Monday Morning Coffee with Chris: Sizing up the Competition in Veterans Benefits law.](https://attigcurransteel.com/business-of-law/veterans-benefits-lawyer-law-firm-competition-chris-attig/) - Sizing up the Competition in Veterans Benefits Law. A new veterans benefits lawyer told me the other day: "I can't compete with the big law firms in Veterans benefits law. Those big firms have contracts with VSOs and scoop up all the good veterans benefits law cases." First, that's not true. Nobody "scoops up all - [What do Your Law Firm Brand and this Shoe have in Common?](https://attigcurransteel.com/business-of-law/veterans-law-firm-brand/) - My hope is that the metaphor of a running shoe changes the way you think about your law firm's brand. I'm a runner - I run not just for fun, but also to raise money for my favorite non-profits. When a runner is ready to buy a pair of new running shoes, do you think it's - [Monday Morning Coffee with Chris: The one project will drive MASSIVE revenue to your Veterans law firm.](https://attigcurransteel.com/business-of-law/coffee-chris-attig-veterans-law-firm/) - How to drive MASSIVE revenue to your Veterans law firm. I was talking to attorney the other day, and I told her that I believe that drive and focus are the 2 biggest indicators of success for attorneys building a unique brand for their own law firm or solo law practice. You have to have - [Monday Morning Coffee with Chris: Are You Taking Care of Your Law Firm's Most Important Asset?](https://attigcurransteel.com/business-of-law/chris-attig-law-firms-most-important-asset/) - Taking care of your law firm's most important asset. Law is a service business. We help people resolve the disputes which impact their ability to live. That makes your law firm's most important asset ... you. If you are a small firm owner or a solo practitioner, without you, your law firm ceases to exist. - [Monday Morning Coffee with Chris: Do THIS when you get back from a Legal Conference.](https://attigcurransteel.com/business-of-law/monday-morning-coffee-with-chris-do-this-when-you-get-back-from-a-legal-conference/) - What to do when you get back from a Legal Conference? I just returned home from a multi-day legal conference: this time the Fall Conference for the National Organization for Veterans Advocates (NOVA) in Washington, D.C. Here's what I'll talk about in this video: My summer, aka "Briefing Season" The ONE thing you can do - [Monday Morning Coffee w/ Chris: The ONE financial metric that lawyers should know cold.](https://attigcurransteel.com/business-of-law/monday-morning-coffee-w-chris-one-financial-metric-lawyers-know-cold/) - Coffee w/ Chris: (Monday, October 29, 2018) What Financial Metrics are important to evaluate your law firm's progress? If you get behind the wheel of any car, there are certain metrics you will find on the dashboard. Are there similar metrics that every law firm - regardless of practice area or size or geography - - [Coffee w/Chris (11-14-2018): The problem of attorney suicide.](https://attigcurransteel.com/lawyer-well-being/coffee-w-chris-11-14-2018-the-problem-of-attorney-suicide/) - In today's episode, I'm going to give you a quick introduction to the case of Cook v. Wilkie, a November 2018 precedential decision from the U.S. Court of Appeals for the Federal Circuit. This case is big: it involves when and how the BVA must provide a hearing when requested by a veteran. After watching this - [Replace yourself from the ground up.](https://attigcurransteel.com/business-of-law/lawyer-stress-replace-yourself/) - “I can’t take a day off or a vacation. Someone has to get the work done.” If you are a lawyer and that is the reason you are not taking a vacation, or at least a day off, then you are bailing water from a sinking ship. Working to keep from drowning has become your - [Your Complete Guide to the CAVC: the US Court of Appeals for Veterans Claims.](https://attigcurransteel.com/veterans-law-updates/cavc-us-court-appeals-veterans-claims-bva/) - 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 of the federal judiciary system. Because the court was created by - [Case Review: CAVC #16-2628, George Kemp, Jr. v. Shulkin](https://attigcurransteel.com/veterans-law-updates/cavc-bva-wrong-legal-standard-16-2628/) - 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), (l). A veteran suffers this loss when “no effective function remains other than that which - [Case Review: 16-2192, Roderick C. Dean v. Shulkin](https://attigcurransteel.com/veterans-law-updates/bva-legal-credibility-cavc/) - 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 evidence favorable to a claimant. Calum v. Brown, 7 Vet. App 498, (1995), aff’d per curium, - [Case Review: 16-3258, Efrem Knowles](https://attigcurransteel.com/veterans-law-updates/probative-value-va-medical-opinion-16-3258/) - 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 Board of Veterans Appeals denied service connection for the veterans Obstructive Sleep Apnea (OSA) - [Case Review: 16-1655, Hubert D. Bone v. Shulkin (PTSD Rating)](https://attigcurransteel.com/veterans-law-updates/ptsd-rating-criteria-relationships/) - 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 Vet. App 181 (1998). In rating PTSD, proof of “difficulty” establishing relationships - [Case Review: 16-3961, DeCent v. Shulkin (Scope of a Claim)](https://attigcurransteel.com/veterans-law-updates/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. Clemons v. Shinseki, 23 Vet. App. 1 (2009)(per curium). The veteran - [Case Review: 16-1624, Crawley v. Shulkin (Inadequate BVA Reasoning)](https://attigcurransteel.com/veterans-law-updates/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 precise basis for the Board's decision, as well as to facilitate review - [Case Review: 16-3390, Roberts v. Shulkin (BVA Failed its Duty to Assist)](https://attigcurransteel.com/veterans-law-updates/cavc-bva-duty-to-assist/) - What is the Deep Issue in the Case? Evidence in the record before the VA may raise notice of pertinent medical records and trigger the duty to assist the appellant to locate and obtain the records. Ivey v. Derwinski, 2 Vet.App. 320 (1992). Before he died, the veteran testified about private medical records at a - [An Introduction to VA RAMP (VA Appeals Reform)](https://attigcurransteel.com/veterans-law-updates/va-ramp-appeals-reform/) - This is the first in a series of posts about the VA RAMP Appeals Reform Program, which will be implemented beginning in 2018. THIS IS CRITICAL TO NOTE: Technically, VA RAMP refers to the VA pilot program to implement the Veterans Appeals Improvement and Modernization Act of 2017. However, I use the term interchangeably, since - [CAVC ORDER ALERT (December 21, 2017)](https://attigcurransteel.com/veterans-law-updates/cavc-order-equitable-tolling/) - This morning (12-21-2017), the CAVC issued Miscellaneous Order 15-17. The full text of this procedural order of the Court of Appeals for Veterans Claims is below. General Summary of the CAVC Miscellaneous Order. The CAVC's practice has been to take note when an appeal is untimely filed and - sua sponte - issue a "Show - [Case Review: 16-2407, Samantha Unell (Proving Nehmer Effective Date)](https://attigcurransteel.com/veterans-law-updates/nehmer-footnote-1-earlier-effective-date/) - What is the Deep Issue in the Case? The effective date of a veteran's claim for a "covered herbicide disease" depends on whether (1) VA denied the claim for the covered herbicide disease between September 25, 1985, and May 3, 1989, or (2) the claim was pending before VA on May 3, 1989, or received - [PRECEDENTIAL CAVC CASE ALERT: King v. Shulkin (16-2959)(Extra Schedular Rating)](https://attigcurransteel.com/veterans-law-updates/precedential-extra-schedular-rating/) - What is the Deep Issue in the Case? Extra-schedular consideration should be considered "where the schedular evaluations are found to be inadequate." 38 C.F.R. § 3.321(b)(1) (emphasis added). The herring loss rating criteria are largely based on “speech discrimination” and ability to perceive various decibel ranges of sound. Based on this evaluation, the BVA - [Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)](https://attigcurransteel.com/veterans-law-updates/ptsd-rating-holistic-analysis/) - What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to "engage in a holistic analysis" of a veteran's mental health symptoms to determine the proper disability percnetage. Bankhead v. Shulkin, 29 Vet.App. 10 (2017). An adequate statement of reasons and bases is not merely listing - [VA RAMP (Appeals Reform) Creates 3 New "Appeal" Options. (Part 2 of 5)](https://attigcurransteel.com/veterans-law-updates/va-ramp-supplemental-claim/) - This post is Part II of a 5-part series on the VA RAMP (Appeals Reform) system. Here are the topics for each of the 5 parts of the series - as they are published, links will appear to direct you to each part: Part I (Click here to Read Part I): This is an introduction - [16-2259: Chavez v. Shulkin](https://attigcurransteel.com/veterans-law-updates/va-cp-exam/) - 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 on correct facts and reasoned medical judgment, informing - [PRECEDENTIAL FCOA CASE ALERT: Crediford v. Shulkin (16-1386)](https://attigcurransteel.com/veterans-law-updates/line-of-duty-willful-misconduct/) - 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 portraying the legal and factual issues leading to the outcome. A service department finding - [Case Review: 16-3392, Edmunds v. Shulkin (Lay Evidence & VA Exam Adequacy)](https://attigcurransteel.com/veterans-law-updates/bva-decision-lay-evidence/) - 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 joint disabilities (shoulder and foot). The BVA decision does not reference the - [PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)](https://attigcurransteel.com/veterans-law-updates/marcelino-obesity-schedule-of-ratings/) - 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 any action of the Secretary in adopting or revising that schedule. 38 U.S.C. §7252(a)(b). The - [PRECEDENTIAL CAVC CASE ALERT: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)](https://attigcurransteel.com/veterans-law-updates/va-ptsd-effective-date-stressor/) - 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 occurs during the pendency of a claim or - [PRECEDENTIAL CAVC CASE ALERT: Harvey v. Shulkin (16-1515)(Lawyer as Medical Expert)](https://attigcurransteel.com/veterans-law-updates/cavc-harvey-va-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 (2012); Nieves-Rodriguez v. Peake, 22 Vet.App. 295 (2008); and Stefl v. Nicholson, 21 Vet.App. - [Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)](https://attigcurransteel.com/veterans-law-updates/precedential-cavc-case-alert-turner-v-shulkin-16-1171receipt-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 period. 38 C.F.R. 3.156(b). The VA denied the veteran's claim to - [PRECEDENTIAL CAVC CASE ALERT: Golden v. Shulkin (16-1208)(GAF Scores in PTSD Opinion)](https://attigcurransteel.com/veterans-law-updates/bva-rely-gaf-scores-va-ptsd-rating/) - 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 with references to the DSM-5. See 79 Fed. Reg. 45,093, 45,094 (Aug. 4, 2014). - [Case Review: 17-0304, Burgess v. Shulkin (Federal appellate court commands professional work product)](https://attigcurransteel.com/veterans-law-updates/cavc-federal-appellate-court/) - 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 connection for the veteran's claimed conditions because he lacked proof - [PRECEDENTIAL FCOA CASE ALERT: Bly v. Shulkin (17-1287)(EAJA petition deadline at CAVC)](https://attigcurransteel.com/veterans-law-updates/deadline-cavc-eaja-petition-federal-circuit/) - What is the Deep Issue in the Case? This case involves the deadline to file an EAJA Petition at the CAVC. The Equal Access to Justice Act ("EAJA") requires applications for attorney fees must be filed within 30 days of a court's final judgment in an action. 28 U.S.C. §2412(d)(1)(B). 31 days after the CAVC - [FCOA Precedent Alert: Saunders v. Wilkie, #2017-1466 (A Veteran can service connect stand-alone pain)](https://attigcurransteel.com/veterans-law-updates/a-veteran-can-service-connect-stand-alone-pain/) - What is the Deep Issue in the Case? This case involves the question of whether a veteran can service connect stand alone pain as a disability for the purposes of VA disability compensation. The basic VA disability compensation statute is clear: the VA must pay compensation for disability resulting from personal injury suffered in the - [Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)](https://attigcurransteel.com/veterans-law-updates/cavc-oral-argument-extraschedular-rating-assistive-device/) - Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran may be entitled to an exam and an extraschedular rating under 38 C.F.R. § - [Episode 004: CAVC Oral Argument - Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)](https://attigcurransteel.com/veterans-law-updates/cavc-oral-argument-migraines-successive-rating-criteria/) - General Preview of the Case: This is a complex case involving the complex issue of "successive rating criteria", with a lot of regulatory interpretation and factual application issues at play. There is one, and possibly more, diagnostic codes for rating veterans disabilities which include what are called "successive rating criteria". Camacho v. Nicholson, 21 Vet.App. 360 (2007). - [Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)](https://attigcurransteel.com/veterans-law-updates/cavc-oral-argument-harmless-error-presumption-of-soundness/) - General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it "...has a statutory duty to consider whether any Board error was prejudicial. 38 U.S.C. § - [Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)](https://attigcurransteel.com/veterans-law-updates/cavc-oral-argument-atencio-gulf-war-syndrome-gerd-mucmi/) - What the 'MUCMI' is going on with GERD? PREVIEW OF THE CASE: General Overview of the Medicine Some terms you will hear in this argument: GERD is Gastro Esophageal Reflux Disorder. GERD can often - but not always -result from a dysfunctional valve at the top of the stomach and bottom of the esophagus. Stomach - [Yes, you should challenge all VA Medical Examiners' Competence.](https://attigcurransteel.com/veterans-law-updates/va-medical-examiners-competence-presumption-rizzo/) - In today's post, I am going to teach you how to become a better advocate by challenging the VA Medical Examiner's competence - or at least rebutting the presumption of competence in your client's BVA appeals. VA claims and appeals invariably require a medical opinion to prove the relationship of a functional impairment to military - [Case Review: #17-0306, Schmoker v. Wilkie (Is Hearing Loss a VA disability even if its not compensable?)](https://attigcurransteel.com/veterans-law-updates/hearing-loss/) - What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case - this review focuses in on one: continuity of symptomatology for hearing loss} A veteran is entitled to service connection for loss of hearing if his condition is chronic and the evidence of record establishes hearing loss - ["To the Best of my Knowledge" - The case against attorney use of VA Form 21-4138.](https://attigcurransteel.com/veterans-law-updates/va-form-21-4138-best-of-my-knowledge/) - In a recent court appeal, the VA was relying on the unsigned and unsworn statement of a random government bureaucrat. This bureaucrat was "testifying" to the lack of existence of any evidence that my client was exposed to the herbicide agent orange. The statement provided no legal foundation: no identification who the bureaucrat was, the - [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)](https://attigcurransteel.com/veterans-law-updates/fcoa-precedent-alert-acree-withdraw-an-appeal-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 effective claim withdrawal in accordance with the regulation only where it - [CAVC Docket Update: Appeals Submitted for CAVC Panel Decision and Oral Argument (June 2018)](https://attigcurransteel.com/veterans-law-updates/cavc-docket-update-appeals-submitted-for-cavc-panel-decision-and-oral-argument/) - 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 Argument, but cannot guarantee that - [Procopio, Procopio, Wherefore Art The Pro Veterans Canon?](https://attigcurransteel.com/veterans-law-updates/procopio-pro-veterans-canon-chevron-en-banc/) - 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, and we will pull it apart over the next few days and weeks. **************** December - [Coffee w/ Chris: The Supreme Court takes on Agent Orange (11-5-2018).](https://attigcurransteel.com/veterans-law-updates/gray-agent-orange-brown-water-navy/) - 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 that case is whether the U.S. Court of Appeals for the - [FCOA Precedent Alert: Cook v. Wilkie (Can a veteran have more than one BVA hearing?)](https://attigcurransteel.com/veterans-law-updates/can-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 hearing to provide additional evidence. Writing for the BVA, Veterans Law Judge Milo - [Does the VA Duty to Assist require giving to veterans a copy of their C&P opinions?](https://attigcurransteel.com/veterans-law-updates/duty-to-assist-expert-cp-opinion/) - 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 this appeal, we are seeking to push the edge of the envelope on - [Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of "children" in substitution statute)](https://attigcurransteel.com/veterans-law-updates/traditional-tool-of-statutory-construction/) - 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 parents. 38 U.S.C. §5121(a)(2). When the veteran died in 2016, his three adult children argued they were eligible accrued benefits beneficiaries, and - [3 common errors in BVA "continuity of symptomatology" decisions.](https://attigcurransteel.com/veterans-law-updates/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. - [Reviewing the Record Before the Agency (RBA) may be the most important thing you do in your CAVC appeal.](https://attigcurransteel.com/veterans-law-updates/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 used throughout the course of the court appeal to specifically - [How the BVA misapplies the Presumption of Soundness.](https://attigcurransteel.com/veterans-law-updates/how-the-bva-misapplies-the-presumption-of-soundness/) - [PRECEDENTIAL CAVC CASE ALERT: Martinez v. Wilkie (17-1551)(38 USC 5103A, the Duty to Assist and C&P Opinions)](https://attigcurransteel.com/veterans-law-updates/38-usc-5103a-duty-to-assist-cp-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 denied Mr. Martinez’s claim for service connection of sleep apnea by relying on a VA medical opinion - [How to Talk to an Attorney When Seeking Representation in VA claims.](https://attigcurransteel.com/veterans-law-updates/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 their loved ones in every conceivable manner – telephone call, - [PRECEDENTIAL CAVC CASE ALERT: Buffington v. Wilkie (17-4382).](https://attigcurransteel.com/veterans-law-updates/reinstate-va-benefits-active-military-service/) - 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 the day prior to his entry to active military service, but were not - [Veterans Court weighs in on VA Ratings for Migraines](https://attigcurransteel.com/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, attorney Chris Attig with the law firm - [Veterans Court: VA rating for prostate cancer should consider residuals.](https://attigcurransteel.com/veterans-law-updates/cavc-va-rating-for-prostate-cancer/) - 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 for the Veterans Court), Judge Pietsch and Judge Toth. In it, - [Veterans Court: What constitutes loss of use of a reproductive organ for purposes of SMC?](https://attigcurransteel.com/veterans-law-updates/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 wrote the opinion for the Veterans Court), Judge Pietsch and Judge - [Coffee w/Chris: Is there enough air in your law firm's tires? (11-19-2018)](https://attigcurransteel.com/business-of-law/law-firm-metric-debt-income-ratio-2/) - Today's video starts off with an overview of a recent precedential decision of the U.S. Court of Appeals for Veterans Claims in the case of Moody v. Wilkie, Cause No. 16-1707. Click here to read the CAVC's panel decision in Moody v. Wilkie. The opinion for the Court is written by Judge Schoelen, who is joined by - [Precedential CAVC Alert: Quinn v. Wilkie (17-4555)](https://attigcurransteel.com/veterans-law-updates/precedential-cavc-alert-quinn-bva-hearing-va-office-of-general-counsel/) - 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, the Federal Circuit said that any means any, and a veteran is entitled to a - [Case Review: #16-3564, Gerhardson v. Shulkin (Can Inadequate Opinion make Inadequate Reasons and Bases harmless error)](https://attigcurransteel.com/veterans-law-updates/cavc-harmless-error/) - What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case - this review focuses in on one: the CAVC harmless error rule.} When the BVA issues a remand order, the veteran or surviving spouse is entitled to substantial compliance with the remand order. D'Aries v. Peake, 22 Vet. - [Will a VA Government Shutdown affect your client's appeals?](https://attigcurransteel.com/veterans-law-updates/va-government-shutdown-bva-cavc/) - 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 Government shut down. Who stays and goes during a VA Government Shutdown? It's hard to know ## Pages - [Home](https://attigcurransteel.com/) - Homepage Text - [](https://attigcurransteel.com/2023-gingerbread-ranch/) - [Welcome to Cincinnati, Ohio!](https://attigcurransteel.com/welcome-to-cincinnati-ohio/) - 8 Reasons to Choose Attig | Curran |Steel to handle your Veterans Court appeals. Need help finding cases? - [Welcome to Cincinnati!](https://attigcurransteel.com/nova-cincinnati-2022-bva/) - 8 Reasons to Choose Attig | Curran |Steel to handle your Veterans Court appeals. 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During the coronavirus pandemic, our employees are working from home while home-schooling their children (and more). As a result, while we do respond to every contact request, we - [Thanks for contacting us about your BVA decision.](https://attigcurransteel.com/thanks-bva-decision/) - Thank you for thinking of the law firm of Attig | Curran | Steel, PLLC. We have received your consultation request and will be in touch shortly. During the coronavirus pandemic, our employees are working from home while home-schooling their children (and more). As a result, while we do respond to every contact request, we - [Attig | Curran | Steel](https://attigcurransteel.com/overview/) - A veteran’s path to victory in a VA claim gets much harder once the BVA denies a benefits appeal. For better or worse, the record is closed and the facts are fixed. Winning the claim requires a successful appeal to the Court of Appeals for Veterans Claims, the United States Federal Circuit Court of Appeals, or the - [Our Response during "COVID-19"](https://attigcurransteel.com/our-response-during-covid-19/) - Effective March 15, 2020: In addition to providing caring and effective representation for our clients, Attig | Steel is creating a law firm that prioritizes our employees' well-being. Beginning Monday (3/15), the Attig | Steel team will stay home, keep their families safe, and work from home. As a result, our operations will be slower, - [Attig | Steel webinar (April 7, 2020).](https://attigcurransteel.com/attig-steel-webinar-april-7-2020/) - On April 7, 2020, attorney Chris Attig at Attig | Steel will hold our first webinar. Our goal is to keep advocates up to date on changes in veterans law, and to give advocates the tools and knowledge to improve the results they provide to their clients. 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We have received your request for more information and will be in touch soon. ## Frequently Asked Questions - [Do you work with individual veterans?](https://attigcurransteel.com/faq/work-individual-veterans/) - [What type of appeals do you handle?](https://attigcurransteel.com/faq/type-appeals-handle/) - [Can I keep my agency attorney while hiring Attig | Curran | Steel to represent me at the Veterans Court??](https://attigcurransteel.com/faq/client-fire-hire-appellate-professional-attig-steel/) - [Does it cost me anything to hire your firm?](https://attigcurransteel.com/faq/cost-anything-hire-firm/) - [Do I have to live in Arkansas to retain your firm?](https://attigcurransteel.com/faq/live-arkansas-retain-firm/) - [What is the “VA Form 21” Blog?](https://attigcurransteel.com/faq/va-form-21-blog/) - [Are you affiliated with the Veterans Law Blog®](https://attigcurransteel.com/faq/affiliated-veterans-law-blog/) - [How long do appeals to the CAVC take?](https://attigcurransteel.com/faq/long-appeals-cavc-take/) ## Attorneys - [Chrys Attig](https://attigcurransteel.com/attorneys/chris-attig/) - CAVC attorney Chrys Attig (she/they) is one of our nation’s leading advocates for veterans. She is unique in 2 ways. First, Chrys is one of the few attorneys for veterans who actually wore the uniform; she has seen, firsthand, the devastation that the VA’s legal and medical malfeasance can wreak on a veteran’s family. Chrys - [Jennifer Steel](https://attigcurransteel.com/attorneys/jennifer-steel/) - Attig | Steel represents veterans around the nation, and we speak with hundreds more each week who seek our help. Accredited VA attorney Jennifer Steel joined the firm in 2016 to oversee the firm’s daily work and manage our staff. Ms. Steel works closely with our staff, attorneys and employees at the courts, BVA, and - [Erica Salny](https://attigcurransteel.com/attorneys/erica-salny/) - Erica has been the lead paralegal in Attig | Steel’s Agency practice area since June 2023. Erica has worked in the legal field since 2015 in different areas and working in the veteran’s benefits field since 2019. Erica received a B.A. in Social Services from Quinnipiac University in May 2013, a M.A. in Justice Administration - [Leslie D. Gaines](https://attigcurransteel.com/attorneys/leslie-gaines/) - Attorney Leslie D. Gaines joined Attig | Steel in June 2022. Leslie joined us, bringing over 15 years of experience in public interest law, with a background in representing vulnerable and marginalized populations. Leslie first represented disabled Social Security claimants for many years, and in 2011, she transitioned her practice area to representing disabled veterans - [Cheri Tedesko](https://attigcurransteel.com/attorneys/cheri-tedesko/) - Cheri received a B.S. in Legal Studies and graduated summa cum laude from Kaplan University (NKA, Purdue University Global) with a GPA of 3.95 / 4.00 in April 2013. Cheri has been the lead paralegal in Attig | Steel's CAVC and Federal Circuit practice area since January 2022. She served in the US Air - [Jon C. Heiden](https://attigcurransteel.com/attorneys/jon-w-heiden/) - Jon Heiden joined Attig Steel in October 2023 as an experienced Veterans Court and civil appellate attorney. While in law school, Jon realized that his passion for appellate advocacy and pursuit of justice aligned in representing veterans at the Court of Appeals for Veterans Claims—where he has since represented hundreds of veterans. Jon’s principal area ## Practice Areas - [Federal Circuit Court of Appeals](https://attigcurransteel.com/practice-areas/federal-circuit-court-appeals/) - The U.S. Federal Circuit Court of Appeals is the first, and only, Article III court that most veterans will ever see in their benefits claims or appeals. Even then, the vast majority of veterans who appeal an adverse decision of the Court of Appeals for Veterans Claims (CAVC) to the U.S. Federal Circuit Court of Appeals will - [Court of Appeals for Veterans Claims](https://attigcurransteel.com/practice-areas/court-appeals-veterans-claims/) - Baseball teams use different types of pitchers at different times in a game. When it comes to your client’s BVA decisions, think of Attig | Curran | Steel as your team’s relief pitcher. When your client’s claim or appeal is “on the line”, and you need a professional appellate attorney to address legal and factual - [BVA Appeals](https://attigcurransteel.com/practice-areas/bva-appeals/) - If you are a veteran and received a VA Ratings Decision, you have 2 choices — give up, or appeal to the Board of Veterans Appeals (the BVA). The VA Regional Offices frequently deny even the most clear-cut claims for Veterans and Veterans' Survivor Benefits. Typically, the VA Regional Offices deny claims because they are ## Representative Cases - [Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)](https://attigcurransteel.com/cases/service-medical-records-earlier-effective-date-3-156c/) - This case involves the BVA's failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original claim was denied. The appeal was resolved through a joint motion to remand. ISSUE ON - [Client Win: CAVC No. 21-0140 (BVA fails to comply with a Veterans Court Order).](https://attigcurransteel.com/cases/bva-violates-veterans-court-order/) - 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 Order). In a January 2020 memorandum decision, the Court ordered the BVA to - [Client Win: CAVC No. 21-0049 (BVA inadequately reasoned denial of service connection for peripheral neuropathy).](https://attigcurransteel.com/cases/bva-service-connection-for-peripheral-neuropathy/) - This case involves the BVA's clear error: in denying service connection for peripheral neuropathy, the BVA judge and staff attorney failed to acknowledge that the record contained the veteran's medical diagnosis of peripheral neuropathy of the upper extremity. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA - [Client Win: CAVC No. 20-6914 (BVA failed to consider regulation for earlier effective date for Parkinson's disease)](https://attigcurransteel.com/cases/bva-earlier-effective-date-for-parkinsons-disease/) - This case involves the BVA judge's failure to consider whether a VA regulation required an effective date for Parkinson's Disease earlier than May 2017. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA failed to consider regulation for earlier effective date for Parkinson's disease). In this case, - [Client Win: CAVC No. 19-2012 (Veterans Court rejects VA Office of General Counsel arguments that the veteran withdrew his appeals)](https://attigcurransteel.com/cases/veterans-court-rejects-va-office-of-general-counsel-arguments/) - This case involves the Court's rejection of VA Office of General Counsel arguments regarding the legal standard for withdrawing a claim before the VA Agency of Original Jurisdiction (AOJ) or the BVA. The BVA construed a statement that "I wish to withdraw my appeal and request for video conference" was a withdrawal for multiple issues - [Client Win: CAVC No. 21-2655, (BVA overlooked evidence of suicidal ideation in claim for an increased PTSD rating)](https://attigcurransteel.com/cases/veterans-court-suicidal-ideation-increase-rating-for-ptsd-70-percent/) - 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 of suicidal ideation in claim for an increased PTSD rating) In this case, the question - [Client Win: CAVC No. 21-0394, (BVA erred in denying past-due benefits in claim for an increased rating)](https://attigcurransteel.com/cases/claim-for-an-increased-rating/) - 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 joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA erred in denying past-due - [Client Win: CAVC No. 20-8383, (BVA denial of entitlement to TDIU usurped Agency's jurisdiction)](https://attigcurransteel.com/cases/entitlement-to-tdiu/) - This case involves a veteran's entitlement to TDIU, but it demonstrates some of the backwards logic that invades the BVA's interpretation of the AMA Appeals process. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA denial of entitlement to TDIU usurped Agency's jurisdiction) In this case, the - [Client Win: CAVC No. 20-5734, Brown-Leonard v. McDonough (Major depressive disorder rating)](https://attigcurransteel.com/cases/service-connect-major-depressive-disorder-rating-veteran-suicidal-ideation/) - This case involves an Army veteran who served on active duty in 1991 and then from 2008 to 2009 who was seeking a service-connected major depressive disorder rating in excess of 30%. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (Major depressive disorder rating) A major depressive - [Client Win: CAVC No. 20-834, Braun v. McDonough (BVA denied TDIU rating due to PTSD)](https://attigcurransteel.com/cases/bva-denied-tdiu-rating-ptsd-marine-veteran/) - This case involves a Marine veteran (1985 to 1991) who sought a TDIU 100 percent rating for his service-connected PTSD. The appeal to the CAVC was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA denied TDIU rating due to PTSD). The BVA is required to provide, in every TDIU - [Client Win: CAVC No. 20-1697, Booker v. Wilkie (C&P opinion ignores continuity of symptomatology)](https://attigcurransteel.com/cases/cp-opinion-continuity-of-symptomatology-service-connect-back-bva/) - This case involves a US Army veteran (1984 - 1988) appealing a denial of service connection based on the failure of the C&P opinion to address continuity of symptomatology for a lumbar spine injury to the Board of Veterans Appeals (BVA). The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO - [Client Win: CAVC No. 20-2665, Johns v. McDonough (BVA wrong to deny earlier PTSD effective date)](https://attigcurransteel.com/cases/earlier-ptsd-effective-date-bva-court-of-appeals-for-veterans-claims/) - This case involves a Marine Corps veteran (1966 to 1969) who was seeking an earlier effective date for his service connected PTSD claim. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA wrong to deny earlier PTSD effective date). The general PTSD effective date rule is that - [Client Win: CAVC No. 20-4843, C.Smith v. McDonough (Agent Orange exposure in Thailand)](https://attigcurransteel.com/cases/agent-orange-exposure-in-thailand-bva-decision-appeal-cavc/) - This case involved a US Army veteran (1967 to 1971) who was seeking service connection for hypertension, congestive heart failure, Type II diabetes, stroke, and atrial fibrillation due to agent orange exposure in Thailand during the Vietnam war. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (Agent - [Client Win: CAVC No. 20-5053, Armstead v. McDonough (BVA must provide fair process in Dependency Indemnity Compensation appeal))](https://attigcurransteel.com/cases/client-win-cavc-no-20-5053-armstead-v-wilkie-bva-must-provide-fair-process-in-dependency-indemnity-compensation-appeal/) - This case involves a survivor's claim for entitlement to Dependency and Indemnity Compensation (DIC). The appellant's late-husband served in the US Air Force from 1964 - 1984, and passed away from a rare form of non-Hodgkins lymphoma. His wife, the appellant, sought service connection of the cause of death based on the veteran's alleged exposure - [Client Win: CAVC No. 20-2705, Clifton v. Wilkie (BVA decision overlooked earlier effective date argument)](https://attigcurransteel.com/cases/client-win-cavc-no-20-2705-clifton-v-wilkie-bva-decision-overlooked-earlier-effective-date-argument/) - This case involves a BVA decision for a US Army veteran (1979 - 1985) who sought an earlier effective date for the grant of service connection for his hypertensive kidney disease. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA decision overlooked earlier effective date argument). Pursuant - [Client Win: CAVC No. 20-1514, Butler v. Wilkie (BVA Veterans Law Judge ignores Veterans Court's order)](https://attigcurransteel.com/cases/veterans-law-judge-ignores-veterans-court-order/) - This case involves a US Army veteran who served from 1965 to 1967. In his appeal, a BVA Veterans Law Judge decided - again - not to award a prostate cancer rating higher than 60% based on the medical opinion of a nurse practitioner who specialized in pediatrics and family practice. The appeal was resolved, - [Client Win: CAVC No. 20 - 2297, Backlund v. Wilkie (VA C&P Examiner ignores prior BVA order)](https://attigcurransteel.com/cases/cavc-va-cp-examiner-stegall-error/) - This case involves the BVA appeal of an Army veteran (1976 to 1977) who was appealing the denial of service connection for an acquired psychiatric condition. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (VA C&P Examiner ignores prior BVA order). The duty to assist requires that - [Client Win: CAVC No. 20-4774, Scott v. McDonough (BVA ignores evidence of total occupational and social impairment)](https://attigcurransteel.com/cases/cavc-ptsd-rating-occupational-and-social-impairment/) - This case involves involves an Air Force veteran (2000, 2003 - 2004) and his appeal to the BVA seeking a rating above 50% for his service-connected PTSD due to suicidal ideation and total occupational and social impairment. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA ignores - [Client Win: CAVC No. 20-3671, Pierrel v. Wilkie (Duty to Assist in claims alleging Agent Orange exposure outside of the RVN)](https://attigcurransteel.com/cases/duty-to-assist-exposure-to-agent-orange-outside-vietnam/) - This case involves a US Navy veteran's (1966 to 1981) appeal to the BVA seeking seeking service connection for his Parkinson's disease and Type 2 Diabetes based on exposure to Agent Orange during his service in the Philippines and Guam. ISSUE ON APPEAL TO THE CAVC: Duty to Assist in claims alleging exposure to agent - [Client Win: CAVC No. 20-1992, Ahorrio Toledo v. Wilkie (BVA Denied TDIU claim without discussing veteran's education & work history )](https://attigcurransteel.com/cases/va-tdiu-claim-veterans-court/) - This case involves a US Army veteran's (1975 to 1998) appeal to the BVA seeking an increased rating for a psychiatric disorder, right lower extremity radiculopathy, and the VA's denial of his TDIU claim. ISSUE ON APPEAL TO THE CAVC: BVA denial of veteran's TDIU Claim A veteran who is unable to secure or follow - [Client Win: CAVC No. 15-1473, Vineyard v. McDonald (Service Connection of a Shoulder Injury)](https://attigcurransteel.com/cases/bva-decision-va-service-connection-of-a-shoulder-injury/) - This case involves 3 errors made by the BVA Veterans Law Judge in denying service connection of a shoulder injury. First, the Board of Veterans Appeals is required to address certain evidence favorable to a veteran. 38 U.S.C. § 7104(d)(1). The BVA denied service connection of a shoulder injury by finding that the veteran “has - [Client Win: CAVC No. 15-1494, Murphy v. McDonald (BVA fails to consider Survivor's Claim of Substitution)](https://attigcurransteel.com/cases/bva-decision-survivor-claim-of-substitution-form-accrued-benefits/) - This case involves a survivor's claim of substitution into a veteran's pending claims and appeals when the veteran passes away. At the time the BVA Veterans Law Judge issued the decision, the law required that a VA Form 21-534 for Survivor benefits will be accepted as both a claim for accrued benefits and a VA claim - [Client Win: CAVC No. 15-2163, Allen v. McDonald (Veterans Survivor Substitution into Accrued Benefits based on CUE)](https://attigcurransteel.com/cases/bva-decision-survivor-substitution-cue-claim/) - This case involves the issue of whether a World War II veteran's survivor can substitute into her deceased husband's CUE Claims that pending - for nearly 2 decades - at the time of his death death. Before he died in 2010, a World War II Veteran had filed a CUE claim to revise 1989 and - [Client Win: CAVC No. 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining Medical Records)](https://attigcurransteel.com/cases/cavc-bva-duty-to-assist-medical-records/) - This case involves the BVA duty to assist in the context of a surviving spouse's accrued benefits and DIC claims and appeals. A veteran or other claimant has a right to substantial compliance with a CAVC or BVA remand order. Stegall v. West, 11 Vet.App. 268, 271 (1998). The VA has a duty to assist - [Client Win: CAVC No. 15-2018, Nemec v. McDonald (Secondary Service Connection Degenerative Disc Disease)](https://attigcurransteel.com/cases/bva-decision-secondary-service-connection-aggravation-degenerative-disc-disease/) - This case involved a veteran's entitlement to secondary service connection, on an aggravation theory, for degenerative disc disease of the lumbar spine. The BVA is required to provide a written statement of the reasons or bases for its findings and conclusions on all material issues of fact and law presented on the record; that statement must - [Client Win: CAVC No. 15-4662, Glenn v. Shulkin (BVA Improperly Rated Service Connected Back Pain)](https://attigcurransteel.com/cases/bva-cavc-service-connected-back-pain/) - The Board of Veterans Appeals (BVA) denied a veteran a rating higher than 20% for his service connected back pain. In doing so, the BVA considered only the range of motion listed under the Diagnostic Code for the veteran's back pain. However, in this case, the veteran reported flareups 8-10 times in the past year - [Client Win: CAVC No. 15-0665, Garcia v. Snyder (Service Connection of a Hip Disability)](https://attigcurransteel.com/cases/bva-decision-service-connection-of-a-hip-disability/) - (December 5, 2016) This case involves a BVA denial of service connection of a hip disability. Because the Office of General Counsel did not agree there was remandable error in regards to the BVA's failure to grant service connection of a hip disability, this appeal was fully briefed to the CAVC. After the briefs, CAVC Judge - [Client Win: CAVC No. 16-1593, Wilkes v. Shulkin (BVA Mischaracterized Appeal as Claim to Reopen)](https://attigcurransteel.com/cases/cavc-claim-to-reopen-new-material-evidence/) - The BVA decision in this case mischaracterized the veteran's traditional appeal as a claim to reopen. The BVA Judge found that the veteran's service connection claim for his left ankle disorder and bilateral pes planus were not reopened because new and material evidence had not been received to reopen the claims. The problem with the - [Client Win: CAVC No. 16-1626, Wilson v. Shulkin (BVA errs in rating Central Sleep Apnea)](https://attigcurransteel.com/cases/cavc-va-disability-rating-central-sleep-apnea/) - Th veteran sought a higher rating for several service-connected disabilities, including central sleep apnea (CSA), chronic bronchitis, asthma, chronic obstructive pulmonary disease (COPD), and allergic bronchospasms. The Board assigned a rating of 50% and no higher for all of the conditions combined. In doing so, the BVA made three primary - and common - errors. - [Client Win: CAVC No. 17-0006, Jaffa v. Shulkin (BVA wrong to deny Service Connection for Sleep Apnea)](https://attigcurransteel.com/cases/service-connection-for-sleep-apnea/) - The BVA denied a veteran service connection for sleep apnea, and made several errors in doing so. First, it failed to consider the nexus between the veteran's deviated septum treatment in service and his sleep apnea. Second, the BVA Veterans Law Judge considered, without any explanation, routine lay statements of symptoms of sleep apnea as - [Client Win: CAVC No. 17-0136, Emsley v. Shulkin (higher PTSD rating).](https://attigcurransteel.com/cases/ptsd-rating-st-petersburg-florida/) - When this veteran sought a PTSD rating higher than 30% for his service connected mental health condition, the Board of Veterans Appeals denied a PTSD rating higher than 30%. The Court of Appeals for Veterans Claims entered an order finding that the BVA Judge's errors were "disconcerting" particularly in light of the existence of evidence - [Client Win: CAVC No. 16-1706, Feldman v. Shulkin (BVA errs in relying on 7 year old IBS exam)](https://attigcurransteel.com/cases/irritable-bowel-decision-bva-inadequate-exam/) - This case had multiple errors in it. One of the major errors was the BVA treatment of the client's Irritable Bowel Syndrome (IBS). The Veteran initially had an exam in 2009 to rate his service-connectedIrritable Bowel Syndrome (IBS). By the time this appeal found its way to the BVA Veterans Law Judge's desk for a - [Client Win: CAVC No. 16-2286, Walker v. McDonald (PTSD Rating Greater than 50%)](https://attigcurransteel.com/cases/cavc-bva-50-percent-ptsd-rating/) - "Symptom hunting" is a common BVA error in a PTSD rating appeal, and we believed the BVA engaged in this practice when it denied our client anything more than a 50 percent PTSD rating. Here's how it happens: using the list of examples of rateable symptoms in the VA's mental health diagnostic code, the BVA - [Client Win: CAVC No. 17-2891, Halsey v. Shulkin (Survivors Accrued Benefits)](https://attigcurransteel.com/cases/bva-decision-survivor-accrued-benefits/) - Attorney Chris Attig has been working with this veteran's survivor for half a decade to get her DIC and survivor's accrued benefits properly awarded. The veteran was a 3 decade military veteran, who fought not only in Thailand during the Vietnam War, but also fought in the first Gulf War. The problems first began with - [Client Win: CAVC No. 17-1078, Peregrino v. Shulkin (BVA Failed to Adjudicate Major Depressive Disorder)](https://attigcurransteel.com/cases/bva-decision-major-depressive-disorder/) - The veteran in this case served in the Navy in support of Operation Iraqi Freedom, including deployment to Kuwait. Upon his return stateside, after attempts to reintegrate to civilian life, he began to have family and other problems. He was diagnosed with multiple mental health conditions, including major depressive disorder, and the record was replete - [Client Win: CAVC No. 17-1825, Alvarez v. Shulkin (70 Percent PTSD Rating)](https://attigcurransteel.com/cases/bva-70-percent-ptsd-rating/) - The law firm of Hill and Ponton approached Attig | Steel after the BVA judge denied their veteran a higher 70 percent PTSD rating. They had put a lot of work and energy into helping a veteran, and the BVA decision seemed to gloss over their thorough presentation of PTSD symptomatology. This case had 2 - [Client Win: CAVC No. 16-3537, Payao v. O'Rourke (Earlier Effective Date, Reasonably Raised claim)](https://attigcurransteel.com/cases/service-connection-claim-reasonably-raised/) - This case involves an earlier effective date argument: specifically, whether a veteran's claim for service connection of his kidney disease was reasonably raised in an earlier claim for increased rating for gout. The appeal was fully briefed to the Court of Appeals for Veterans Claims, and a Memorandum Decision in favor of our client - [Client Win: CAVC No. 17-2072, Hunt v. Wilkie (BVA Credibility finding, Knee Rating)](https://attigcurransteel.com/cases/bva-credibility-knee-rating/) - This case involves the BVA's rating of a veteran's service connected knee injury and a BVA credibility finding; our client appealed the BVA's decision to the U.S. Court of Appeals for Veterans Claim (CAVC). The appeal was resolved through a joint motion to remand: the government's attorney agreed with Chris Attig's arguments that the - [Client Win: CAVC No. 17-3247, Goodman v. Wilkie (Service connection for arthritis, continuity of symptomatology)](https://attigcurransteel.com/cases/service-connection-for-arthritis/) - This case involves a veteran's appeal to the BVA seeking service connection for arthritis. The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a barracks being built for service-members. The appeal was resolved through a - [Client Win: CAVC No. 18-0000 - Veteran v. Wilkie: (VA rating for Suicidal Ideation, reasonably raised issue of TDIU.)](https://attigcurransteel.com/cases/va-rating-for-suicidal-ideation/) - The cause number of this appeal, and the veteran's name, have been withheld to protect the veteran's privacy. In this case, the BVA denied an increased rating of 70% to a veteran for his service-connected PTSD. The BVA also found the veteran was not entitled to TDIU. The veteran appealed the BVA's decision to the - [Client Win: CAVC No. 18-3681 Melenchick v. Wilkie (Clear & Unmistakeable Error - CUE)](https://attigcurransteel.com/cases/clear-and-unmistakeable-error-cue/) - This case involves the BVA's dismissal of a veteran’s claim for an earlier effective date for his service-connected post-traumatic stress disorder (PTSD) based on clear and unmistakeable error. Our client appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (CAVC). The appeal was resolved through a joint motion to remand: the - [Client Win: CAVC No. 18-5569 Perrin v. Wilkie (DIC - Asbestos exposure in military service)](https://attigcurransteel.com/cases/asbestos-exposure-in-military-service/) - This case involves the failure of the Board of Veterans Appeals to address all evidence related to the Veteran’s possible exposure to asbestos in military service when it denied service connection for the cause of the veteran’s death. Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (CAVC). The - [Client Win: CAVC No. 18-6540 Garcia v. Wilkie (Submitting New and Material Evidence)](https://attigcurransteel.com/cases/submitting-new-and-material-evidence-18-6540-garcia-v-wilkie/) - This case involves the Board’s failure to reopen a veteran’s claim for service connection despite admitting that he submitted new and material evidence. Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (CAVC). The appeal was resolved through a joint motion to remand: the government attorney agreed with Alexandra - [Client Win: CAVC No. 19-3060, Fluker v Wilkie (service connection by aggravation for back injury)](https://attigcurransteel.com/cases/service-connection-by-aggravation/) - 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 injuries, by relying on four inadequate medical opinions. Our client appealed the BVA’s decision to the U.S. - [Client Win: CAVC No. 19-2462, Burkhalter v. Wilkie (Earlier Effective Date based on newly discovered service records)](https://attigcurransteel.com/cases/earlier-effective-date-3-156c-service-records/) - 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 denied. The injury was documented in a line of duty - [Client Win: CAVC No. 18-6851, Greene v. Wilkie (BVA fails to consider Nehmer effective date rules)](https://attigcurransteel.com/cases/bva-decision-nehmer-effective-date-court-appeals-veterans-claims/) - 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 claim in which the VA developed evidence that he had one of the so-called "Agent Orange" - [Client Win:CAVC No. 19-5619, Fernandez v. Wilkie (PTSD rating higher than 50-percent)](https://attigcurransteel.com/cases/ptsd-rating-higher-than-50-percent/) - ISSUE ON APPEAL TO THE CAVC: PTSD rating higher than 50-percent. The veteran appealed to the Board of Veterans Appeals (BVA) seeking a PTSD rating higher than 50-percent. The VA had performed a VA C&P examination and opinion in January 2019. Relying on that exam, the BVA found that the veteran was not entitled to - [Client Win: CAVC No. 19-2499, Jones v. Wilkie (Agent Orange exposure in Thailand during Vietnam War)](https://attigcurransteel.com/cases/agent-orange-royal-thai-air-force-base-vietnam-war/) - This case involves a BVA decision that an Army veteran's MOS as a light infantryman did not support his claim of exposure to an herbicide agent while at Korat Royal Thai Air Force Base (RTAFB) in mid 1962. In the same decision, the BVA failed to consider whether an Army veteran who provided RTAFB security - [Client Win: CAVC No. 19-6722, Ford v. Wilkie (TBI & Migraine Ratings)](https://attigcurransteel.com/cases/court-of-appeals-for-veterans-claims-migraine-ratings/) - This case involves several issues but centered around two: the veteran's entitlement to increased TBI (Traumatic-Brain-Injury) and migraine ratings. ISSUE ON APPEAL TO THE CAVC (TBI & Migraine Ratings). The veteran in this case was in a car accident while in-service. Since that time, he had many problems, including multiple migraine headaches each week. The - [Client Win: CAVC No. 19-8187 May v. Wilkie (TDIU denial not supported by adequate reasons and bases)](https://attigcurransteel.com/cases/bva-tdiu-appeal-denial-adequate-reasons-and-bases-error/) - This case involves the application of a duplicitous legal standard by the BVA to a veteran's TDIU appeal, in what is called a "reasons and bases" error by the Board of Veterans Appeals. While it favored a VA C&P medical opinion that the veteran was employable, the BVA recited law that medical opinions are not - [Client Win: CAVC No. 19-5683, Calkins v. Wilkie (PTSD Rating for veteran's suicidal ideation)](https://attigcurransteel.com/cases/ptsd-rating-veterans-suicidal-ideation-70-percent/) - This case involves a rating for service connected PTSD involving veteran's suicidal ideation. ISSUE ON APPEAL TO THE CAVC: PTSD Rating for Veteran's Suicidal Ideation. "Suicidal ideation" is a symptom prototypical of a 70-percent PTSD rating. The symptom of suicidal ideation alone, the CAVC wrote, may cause occupational and social impairment with deficiencies in most - [Client Win: CAVC No. 20-4228 Curtin v. Wilkie (Joint motion to remand due to Inadequate medical opinion.)](https://attigcurransteel.com/cases/joint-motion-to-remand/) - This case involves a the resolution of a veteran’s appeal to the BVA by way of a joint motion to remand. The veteran had been claiming service connection for a psychiatric condition and total disability based on individual unemployability (TDIU). The veteran served in the United States Marine Corps from 1992 to 1996. His appeal - [Client Win: CAVC #18-6857, Jordan v. Wilkie (Ask for BVA hearings, get BVA hearings)](https://attigcurransteel.com/cases/bva-decision-veterans-court-of-appeals-bva-hearing/) - This case involves a veteran's right to BVA hearings. For years, the VA and BVA have wanted to limit veterans' ability to get a BVA hearing. Here's how the BVA does this. The BVA remands a case on an appeal, tells the VA to get more evidence (typically adverse evidence) and the VA packs the ## Locations - [Attig | Steel PLLC.](https://attigcurransteel.com/contact-us/attig-steel-pllc-2/) ## Categories - [Uncategorized](https://attigcurransteel.com/category/uncategorized/) - [Taking Point! 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Bernasconi](https://attigcurransteel.com/There are currently no representative cases./laura-a-bernasconi/) - [Michael Martin](https://attigcurransteel.com/There are currently no representative cases./michael-martin/) - [Texas Veterans Commission (TVC)](https://attigcurransteel.com/There are currently no representative cases./texas-veterans-commission-tvc/) - [secondary service connection](https://attigcurransteel.com/There are currently no representative cases./secondary-service-connection/) - [aggravation](https://attigcurransteel.com/There are currently no representative cases./aggravation/) - [lumbar spine](https://attigcurransteel.com/There are currently no representative cases./lumbar-spine/) - [degenerative disc disease](https://attigcurransteel.com/There are currently no representative cases./degenerative-disc-disease/) - [Reliford v. McDonald 27 Vet.App. 297 (2015)](https://attigcurransteel.com/There are currently no representative cases./reliford-v-mcdonald-27-vet-app-297-2015/) - [38 CFR 3.1010](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-1010/) - [VA Claim Form 21-534](https://attigcurransteel.com/There are currently no representative cases./va-claim-form-21-534/) - [Yvette R. White](https://attigcurransteel.com/There are currently no representative cases./yvette-r-white/) - [Barbara B. Copeland](https://attigcurransteel.com/There are currently no representative cases./barbara-b-copeland/) - [Philadelphia PA VARO](https://attigcurransteel.com/There are currently no representative cases./philadelphia-pa-varo/) - [38 USC 7104(d)](https://attigcurransteel.com/There are currently no representative cases./38-usc-7104d/) - [Matthew D. Tenner](https://attigcurransteel.com/There are currently no representative cases./matthew-d-tenner/) - [Laura R. Braden](https://attigcurransteel.com/There are currently no representative cases./laura-r-braden/) - [Waco TX VARO](https://attigcurransteel.com/There are currently no representative cases./waco-tx-varo/) - [hip disability](https://attigcurransteel.com/There are currently no representative cases./hip-disability/) - [Tucker v West 11 Vet.App. 369 (1998)](https://attigcurransteel.com/There are currently no representative cases./tucker-v-west-11-vet-app-369-1998/) - [Brent A. Bowker](https://attigcurransteel.com/There are currently no representative cases./brent-a-bowker/) - [Judge Bruce E. Kasold](https://attigcurransteel.com/There are currently no representative cases./judge-bruce-e-kasold/) - [L.M. Barnard](https://attigcurransteel.com/There are currently no representative cases./l-m-barnard/) - [Little Rock AR VARO](https://attigcurransteel.com/There are currently no representative cases./little-rock-ar-varo/) - [Military Order of the Purple Heart](https://attigcurransteel.com/There are currently no representative cases./military-order-of-the-purple-heart/) - [Memorandum Decisions](https://attigcurransteel.com/There are currently no representative cases./memorandum-decisions/) - [Robert Schneider](https://attigcurransteel.com/There are currently no representative cases./robert-schneider/) - [Judge Margaret Bartley](https://attigcurransteel.com/There are currently no representative cases./judge-margaret-bartley/) - [Muskogee OK VARO](https://attigcurransteel.com/There are currently no representative cases./muskogee-ok-varo/) - [Veterans of Foreign Wars (VFW)](https://attigcurransteel.com/There are currently no representative cases./veterans-of-foreign-wars-vfw/) - [Robinson v. Shinseki 557 F.3d 1355 (Fed. Cir. 2009)](https://attigcurransteel.com/There are currently no representative cases./robinson-v-shinseki-557-f-3d-1355-fed-cir-2009/) - [Moody v. Principi 360 F.3d 1306 (Fed. Cir. 2004)](https://attigcurransteel.com/There are currently no representative cases./moody-v-principi-360-f-3d-1306-fed-cir-2004/) - [Szemraj v. Principi 357 F.3d 1370 (Fed. Cir. 2004)](https://attigcurransteel.com/There are currently no representative cases./szemraj-v-principi-357-f-3d-1370-fed-cir-2004/) - [earlier effective date](https://attigcurransteel.com/There are currently no representative cases./earlier-effective-date/) - [reasonably raised](https://attigcurransteel.com/There are currently no representative cases./reasonably-raised/) - [M.C. Graham](https://attigcurransteel.com/There are currently no representative cases./m-c-graham/) - [Amanda Radke](https://attigcurransteel.com/There are currently no representative cases./amanda-radke/) - [Chicago IL VARO](https://attigcurransteel.com/There are currently no representative cases./chicago-il-varo/) - [Vietnam Veterans of America (VVA)](https://attigcurransteel.com/There are currently no representative cases./vietnam-veterans-of-america-vva/) - [knee rating](https://attigcurransteel.com/There are currently no representative cases./knee-rating/) - [DC5257](https://attigcurransteel.com/There are currently no representative cases./dc5257/) - [DC 5259](https://attigcurransteel.com/There are currently no representative cases./dc-5259/) - [DC 5260](https://attigcurransteel.com/There are currently no representative cases./dc-5260/) - [DC 5262](https://attigcurransteel.com/There are currently no representative cases./dc-5262/) - [BVA Credibility](https://attigcurransteel.com/There are currently no representative cases./bva-credibility/) - [Mark Villapando](https://attigcurransteel.com/There are currently no representative cases./mark-villapando/) - [Phoenix AZ VARO](https://attigcurransteel.com/There are currently no representative cases./phoenix-az-varo/) - [Michelle L. Kane](https://attigcurransteel.com/There are currently no representative cases./michelle-l-kane/) - [arthritis](https://attigcurransteel.com/There are currently no representative cases./arthritis/) - [continuity of symptomatology](https://attigcurransteel.com/There are currently no representative cases./continuity-of-symptomatology/) - [Alexandra Curran](https://attigcurransteel.com/There are currently no representative cases./alexandra-curran/) - [A. Ishizawar](https://attigcurransteel.com/There are currently no representative cases./a-ishizawar/) - [suicidal ideation](https://attigcurransteel.com/There are currently no representative cases./suicidal-ideation/) - [TDIU](https://attigcurransteel.com/There are currently no representative cases./tdiu/) - [James L. Heiberg](https://attigcurransteel.com/There are currently no representative cases./james-l-heiberg/) - [Amy C. Ishizawar](https://attigcurransteel.com/There are currently no representative cases./amy-c-ishizawar/) - [angela cross green](https://attigcurransteel.com/There are currently no representative cases./angela-cross-green/) - [Lesley A. Rein](https://attigcurransteel.com/There are currently no representative cases./lesley-a-rein/) - [asbestos](https://attigcurransteel.com/There are currently no representative cases./asbestos/) - [Dependency Indemnity Compensation (DIC)](https://attigcurransteel.com/There are currently no representative cases./dependency-indemnity-compensation-dic/) - [Sarah Catherine Blackadar](https://attigcurransteel.com/There are currently no representative cases./sarah-catherine-blackadar/) - [K. Parakkal](https://attigcurransteel.com/There are currently no representative cases./k-parakkal/) - [reopened claim](https://attigcurransteel.com/There are currently no representative cases./reopened-claim/) - [supplemental claim](https://attigcurransteel.com/There are currently no representative cases./supplemental-claim/) - [peripheral neuropathy](https://attigcurransteel.com/There are currently no representative cases./peripheral-neuropathy/) - [diabetes](https://attigcurransteel.com/There are currently no representative cases./diabetes/) - [heart](https://attigcurransteel.com/There are currently no representative cases./heart/) - [hypertension](https://attigcurransteel.com/There are currently no representative cases./hypertension/) - [Mark J. Hamel](https://attigcurransteel.com/There are currently no representative cases./mark-j-hamel/) - [pro-se](https://attigcurransteel.com/There are currently no representative cases./pro-se/) - [38 CFR 3.156(a)](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-156a/) - [38 CFR 3.310(b)](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-310b/) - [Nieves-Rodriguez v Peake 22 Vet App 295 (2008)](https://attigcurransteel.com/There are currently no representative cases./nieves-rodriguez-v-peake-22-vet-app-295-2008/) - [Thomas H. O'Shay](https://attigcurransteel.com/There are currently no representative cases./thomas-h-oshay/) - [38 CFR 3.156(c)](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-156c/) - [Christopher Bader](https://attigcurransteel.com/There are currently no representative cases./christopher-bader/) - [Michael Pappas](https://attigcurransteel.com/There are currently no representative cases./michael-pappas/) - [Brandon Callahan](https://attigcurransteel.com/There are currently no representative cases./brandon-callahan/) - [Nathaniel J. Doan](https://attigcurransteel.com/There are currently no representative cases./nathaniel-j-doan/) - [Jonathan Z. Morris](https://attigcurransteel.com/There are currently no representative cases./jonathan-z-morris/) - [Illinois DVA](https://attigcurransteel.com/There are currently no representative cases./illinois-dva/) - [Nehmer effective date rules](https://attigcurransteel.com/There are currently no representative cases./nehmer-effective-date-rules/) - [Nehmer class member](https://attigcurransteel.com/There are currently no representative cases./nehmer-class-member/) - [38 CFR 3.816](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-816/) - [Ronen Z. Morris](https://attigcurransteel.com/There are currently no representative cases./ronen-z-morris/) - [Clifton A. Prince](https://attigcurransteel.com/There are currently no representative cases./clifton-a-prince/) - [38 USC 7107(b)](https://attigcurransteel.com/There are currently no representative cases./38-usc-7107b/) - [Cook v Wilkie 908 F.3d 813 (Fed Cir 2018)](https://attigcurransteel.com/There are currently no representative cases./cook-v-wilkie-908-f-3d-813-fed-cir-2018/) - [Alexandra P. Simpson](https://attigcurransteel.com/There are currently no representative cases./alexandra-p-simpson/) - [Carol Ponton](https://attigcurransteel.com/There are currently no representative cases./carol-ponton/) - [Amanda M. Haddock](https://attigcurransteel.com/There are currently no representative cases./amanda-m-haddock/) - [Carol J. Ponton](https://attigcurransteel.com/There are currently no representative cases./carol-j-ponton/) - [migraine ratings](https://attigcurransteel.com/There are currently no representative cases./migraine-ratings/) - [TBI ratings](https://attigcurransteel.com/There are currently no representative cases./tbi-ratings/) - [Lance Steahly](https://attigcurransteel.com/There are currently no representative cases./lance-steahly/) - [Agent Orange](https://attigcurransteel.com/There are currently no representative cases./agent-orange/) - [Royal Thai Air Force Base (RTAFB)](https://attigcurransteel.com/There are currently no representative cases./royal-thai-air-force-base-rtafb/) - [Jonathan C. Scruggs](https://attigcurransteel.com/There are currently no representative cases./jonathan-c-scruggs/) - [Zaheer Maskatia](https://attigcurransteel.com/There are currently no representative cases./zaheer-maskatia/) - [B.T. Knope](https://attigcurransteel.com/There are currently no representative cases./b-t-knope/) - [38 U.S.C. §7104](https://attigcurransteel.com/There are currently no representative cases./38-u-s-c-§7104/) - [Bankhead v. Shulkin 29 Vet. App. 10 (2017)](https://attigcurransteel.com/There are currently no representative cases./bankhead-v-shulkin-29-vet-app-10-2017/) - [Shekeba Morrad](https://attigcurransteel.com/There are currently no representative cases./shekeba-morrad/) - [Shamil Patel](https://attigcurransteel.com/There are currently no representative cases./shamil-patel/) - [John Z. Jones](https://attigcurransteel.com/There are currently no representative cases./john-z-jones/) - [Barr v Nicholson 21 Vet App 303 (2007)](https://attigcurransteel.com/There are currently no representative cases./barr-v-nicholson-21-vet-app-303-2007/) - [PTSD Service Connection](https://attigcurransteel.com/There are currently no representative cases./ptsd-service-connection/) - [H. Seesel](https://attigcurransteel.com/There are currently no representative cases./h-seesel/) - [Matthew Showalter](https://attigcurransteel.com/There are currently no representative cases./matthew-showalter/) - [38 CFR 4.16a](https://attigcurransteel.com/There are currently no representative cases./38-cfr-4-16a/) - [U.R. Powell](https://attigcurransteel.com/There are currently no representative cases./u-r-powell/) - [Brian G. LeMoine](https://attigcurransteel.com/There are currently no representative cases./brian-g-lemoine/) - [Matthew D. Hill](https://attigcurransteel.com/There are currently no representative cases./matthew-d-hill/) - [Alexander You](https://attigcurransteel.com/There are currently no representative cases./alexander-you/) - [C. Trueba](https://attigcurransteel.com/There are currently no representative cases./c-trueba/) - [Brian P. Kelley](https://attigcurransteel.com/There are currently no representative cases./brian-p-kelley/) - [Guam](https://attigcurransteel.com/There are currently no representative cases./guam/) - [Philippines](https://attigcurransteel.com/There are currently no representative cases./philippines/) - [Thailand](https://attigcurransteel.com/There are currently no representative cases./thailand/) - [JSRRC](https://attigcurransteel.com/There are currently no representative cases./jsrrc/) - [Brian D. Hill](https://attigcurransteel.com/There are currently no representative cases./brian-d-hill/) - [Caluza v. Brown 7 Vet. App. 498 (1995)](https://attigcurransteel.com/There are currently no representative cases./caluza-v-brown-7-vet-app-498-1995/) - [T. Kokolas](https://attigcurransteel.com/There are currently no representative cases./t-kokolas/) - [Lishayne King](https://attigcurransteel.com/There are currently no representative cases./lishayne-king/) - [Jonathan Yang](https://attigcurransteel.com/There are currently no representative cases./jonathan-yang/) - [Bryant v Wilkie 33 Vet App 43 (2020)](https://attigcurransteel.com/There are currently no representative cases./bryant-v-wilkie-33-vet-app-43-2020/) - [fair process](https://attigcurransteel.com/There are currently no representative cases./fair-process/) - [90 Day letter](https://attigcurransteel.com/There are currently no representative cases./90-day-letter/) - [Katelyn Lancto](https://attigcurransteel.com/There are currently no representative cases./katelyn-lancto/) - [M. Pryce](https://attigcurransteel.com/There are currently no representative cases./m-pryce/) - [Stacey Clark](https://attigcurransteel.com/There are currently no representative cases./stacey-clark/) - [Morgan & Morgan](https://attigcurransteel.com/There are currently no representative cases./morgan-morgan/) - [C. Robinson](https://attigcurransteel.com/There are currently no representative cases./c-robinson/) - [Rizzo v. Shinseki 580 F3d 1288 (Fed CIr 2009)](https://attigcurransteel.com/There are currently no representative cases./rizzo-v-shinseki-580-f3d-1288-fed-cir-2009/) - [competence](https://attigcurransteel.com/There are currently no representative cases./competence/) - [medical opinion](https://attigcurransteel.com/There are currently no representative cases./medical-opinion/) - [Donnie R. Hachey](https://attigcurransteel.com/There are currently no representative cases./donnie-r-hachey/) - [Lilian Leifert](https://attigcurransteel.com/There are currently no representative cases./lilian-leifert/) - [38 CFR 3.156(b)](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-156b/) - [Legacy Appeals](https://attigcurransteel.com/There are currently no representative cases./legacy-appeals/) - [Beraud v. McDonald 766 F3d 1402 (Fed Cir 2014)](https://attigcurransteel.com/There are currently no representative cases./beraud-v-mcdonald-766-f3d-1402-fed-cir-2014/) - [A. Zheng](https://attigcurransteel.com/There are currently no representative cases./a-zheng/) - [Utapao](https://attigcurransteel.com/There are currently no representative cases./utapao/) - [Uda Poa](https://attigcurransteel.com/There are currently no representative cases./uda-poa/) - [Colin E. Tansits](https://attigcurransteel.com/There are currently no representative cases./colin-e-tansits/) - [R. Erdheim](https://attigcurransteel.com/There are currently no representative cases./r-erdheim/) - [38 CFR 3.400](https://attigcurransteel.com/There are currently no representative cases./38-cfr-3-400/) - [Jacqueline Kerrin](https://attigcurransteel.com/There are currently no representative cases./jacqueline-kerrin/) - [D. Constantino](https://attigcurransteel.com/There are currently no representative cases./d-constantino/) - [Monzingo v. Shinseki 26 Vet App 97 (2012)](https://attigcurransteel.com/There are currently no representative cases./monzingo-v-shinseki-26-vet-app-97-2012/) - [Mary E. Jones](https://attigcurransteel.com/There are currently no representative cases./mary-e-jones/) - [Jennifer Hwa](https://attigcurransteel.com/There are currently no representative cases./jennifer-hwa/) - [Ronald C Sykstus](https://attigcurransteel.com/There are currently no representative cases./ronald-c-sykstus/) - [C. Ford](https://attigcurransteel.com/There are currently no representative cases./c-ford/) - [K.J. Kunz](https://attigcurransteel.com/There are currently no representative cases./k-j-kunz/) - [38 CFR 4.130](https://attigcurransteel.com/There are currently no representative cases./38-cfr-4-130/) - [Vazquez-Claudio v Shinseki 713 F.3d 112 (Fed Cir 2013)](https://attigcurransteel.com/There are currently no representative cases./vazquez-claudio-v-shinseki-713-f-3d-112-fed-cir-2013/) - [Grantham v Brown 114 F3d 1156 (Fed Cir 1997)](https://attigcurransteel.com/There are currently no representative cases./grantham-v-brown-114-f3d-1156-fed-cir-1997/) - [Alejandro Diaz-Ferguson](https://attigcurransteel.com/There are currently no representative cases./alejandro-diaz-ferguson/) - [Danielle Ragofsky](https://attigcurransteel.com/There are currently no representative cases./danielle-ragofsky/) - [duty to maximize](https://attigcurransteel.com/There are currently no representative cases./duty-to-maximize/) - [Cogent evidence of unemployability](https://attigcurransteel.com/There are currently no representative cases./cogent-evidence-of-unemployability/) - [Comer v Peake 552 f3d 1362 (2009)](https://attigcurransteel.com/There are currently no representative cases./comer-v-peake-552-f3d-1362-2009/) - [Timothy Campbell](https://attigcurransteel.com/There are currently no representative cases./timothy-campbell/) - [David Gratz](https://attigcurransteel.com/There are currently no representative cases./david-gratz/) - [Athena Hemphill](https://attigcurransteel.com/There are currently no representative cases./athena-hemphill/) - [increased rating](https://attigcurransteel.com/There are currently no representative cases./increased-rating/) - [effective date](https://attigcurransteel.com/There are currently no representative cases./effective-date/) - [38 USC 5110](https://attigcurransteel.com/There are currently no representative cases./38-usc-5110/) - [Gaston v Shinseki 605 F3d 979 (Fed Cir 2010)](https://attigcurransteel.com/There are currently no representative cases./gaston-v-shinseki-605-f3d-979-fed-cir-2010/) - [debra bernal](https://attigcurransteel.com/There are currently no representative cases./debra-bernal/) - [eric mondesir](https://attigcurransteel.com/There are currently no representative cases./eric-mondesir/) - [VA Office of General Counsel (OGC)](https://attigcurransteel.com/There are currently no representative cases./va-office-of-general-counsel-ogc/) - [hembree v wilkee 33 vet app 1 (2020)](https://attigcurransteel.com/There are currently no representative cases./hembree-v-wilkee-33-vet-app-1-2020/) - [38 CFR 20.505](https://attigcurransteel.com/There are currently no representative cases./38-cfr-20-505/) - [VA claim withdrawal (written)](https://attigcurransteel.com/There are currently no representative cases./va-claim-withdrawal-written/) - [VA claim withdrawal (oral)](https://attigcurransteel.com/There are currently no representative cases./va-claim-withdrawal-oral/) - [EAJA fees](https://attigcurransteel.com/There are currently no representative cases./eaja-fees/) - [waste fraud abuse](https://attigcurransteel.com/There are currently no representative cases./waste-fraud-abuse/) - [K.R. Fletcher](https://attigcurransteel.com/There are currently no representative cases./k-r-fletcher/) - [reversal](https://attigcurransteel.com/There are currently no representative cases./reversal/) - [M.H. Hawley](https://attigcurransteel.com/There are currently no representative cases./m-h-hawley/) - [S. Ferguson](https://attigcurransteel.com/There are currently no representative cases./s-ferguson/) - [38 C.F.R. 3.114(a)](https://attigcurransteel.com/There are currently no representative cases./38-c-f-r-3-114a/) - [Parkinson's Disease](https://attigcurransteel.com/There are currently no representative cases./parkinsons-disease/) - [Liberalizing Law Effective Date Rule](https://attigcurransteel.com/There are currently no representative cases./liberalizing-law-effective-date-rule/) - [75 fed reg 53202 (August 31 2010)](https://attigcurransteel.com/There are currently no representative cases./75-fed-reg-53202-august-31-2010/) - [Herbicide](https://attigcurransteel.com/There are currently no representative cases./herbicide/) - [Timothy G. Joseph](https://attigcurransteel.com/There are currently no representative cases./timothy-g-joseph/) - [Achiya Yaffe](https://attigcurransteel.com/There are currently no representative cases./achiya-yaffe/) - [direct service connection](https://attigcurransteel.com/There are currently no representative cases./direct-service-connection/) - [Katerina M. Georgiev](https://attigcurransteel.com/There are currently no representative cases./katerina-m-georgiev/) - [Brittani Hodges](https://attigcurransteel.com/There are currently no representative cases./brittani-hodges/) - [Judge Amanda L. Meredith](https://attigcurransteel.com/There are currently no representative cases./judge-amanda-l-meredith/) - [Aaron D. Parker](https://attigcurransteel.com/There are currently no representative cases./aaron-d-parker/) - [Jennifer White](https://attigcurransteel.com/There are currently no representative cases./jennifer-white/) - [J Alexander](https://attigcurransteel.com/There are currently no representative cases./j-alexander/) - [service medical records](https://attigcurransteel.com/There are currently no representative cases./service-medical-records/)