Caring. Effective. Efficient.

» L Howell

Client Win: CAVC No. 20-8383,  (BVA denial of entitlement to TDIU usurped Agency's jurisdiction)

Client Win: CAVC No. 20-8383, (BVA denial of entitlement to TDIU usurped Agency's jurisdiction)

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… Read More
Client Win: CAVC No. 20-4774, Scott v. McDonough  (BVA ignores evidence of total occupational and social impairment)

Client Win: CAVC No. 20-4774, Scott v. McDonough (BVA ignores evidence of total occupational and social impairment)

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… Read More
Client Win: CAVC No. 19-2499, Jones v. Wilkie (Agent Orange exposure in Thailand during Vietnam War)

Client Win: CAVC No. 19-2499, Jones v. Wilkie (Agent Orange exposure in Thailand during Vietnam War)

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… Read More
Client Win: CAVC No. 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining Medical Records)

Client Win: CAVC No. 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining Medical Records)

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… Read More

Recent Cases

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

See More Appellate Results

Taking Point! Blog

May
23
After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.   There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.  Do I feel happy when my kids… Read More
May
18
When appellate courts review the decisions of lower courts – or in administrative law where a Court like the US Court of Appeals for Veterans Claims (CAVC) reviews the decisions of the BVA, an administrative tribunal – they use “… Read More
May
16
Let me tell you the story of two veterans. The first veteran – we’ll call him Jim – claimed he was exposed to herbicides – Agent Orange – outside of the Republic of Vietnam. After the VA spent decades denying his claim,… Read More
Mar
2
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 Mere… Read More

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