» L Howell
Client Win: CAVC No. 20-8383, (BVA denial of entitlement to TDIU usurped Agency's jurisdiction)
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 APPEA…
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Client Win: CAVC No. 20-4774, Scott v. McDonough (BVA ignores evidence of total 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 resol…
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Client Win: CAVC No. 19-2499, Jones v. Wilkie (Agent Orange exposure in Thailand during 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 t…
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Client Win: CAVC No. 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining 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…
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