» Stegall v West 11 Vet App 268 (1998)
Client Win: CAVC No. 21-0140 (BVA fails to comply with a 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 Ord…
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Client Win: CAVC No. 20-1514, Butler v. Wilkie (BVA Veterans Law Judge ignores Veterans Court's 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 sp…
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Client Win: CAVC No. 20 - 2297, Backlund v. Wilkie (VA C&P Examiner ignores prior BVA order)
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&…
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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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Client Win: CAVC No. 15-1473, Vineyard v. McDonald (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 d…
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