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» 38 C.F.R. 3.303(b)

Case Review: #17-0306, Schmoker v. Wilkie (Is Hearing Loss a VA disability even if its not compensable?)

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… Read More
May 21st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 C.F.R. 3.303(b), 38 C.F.R. 3.385, American Legion, Caitlin S. Milo, hearing loss, Hensley v. Brown 5 Vet. App. 155 (1993), Judge William S. Greenberg, Julia A. Turner, Los Angeles CA VARO, M.E. Larkin, NVLSP

Recent Cases

Client Win: Cause No. 19-8187 May v. Wilkie (TDIU denial not supported by adequate reasons and bases)
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… Read More
Client Win: 19-6722, Ford v. Wilkie (TBI & 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 c… Read More
Client Win: 19-5619, Fernandez v. Wilkie (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. Rely… Read More

See More Appellate Results

Taking Point! Blog

Oct
20
Calling Out to End Racism
October 20th, 2020
Racist Ideas, Attitudes, and Behavior On March 1, 2016, the Department of Veterans Affairs (VA) announced it proposed disciplinary action against three Board of Veterans’ Appeals (BVA) attorneys and two judges who had repeatedly sent racist… Read More
Sep
1
The Black Hero.
September 1st, 2020
By: Yalitza Ledgister, writing for “The Bridge” One day my son came home from school and, pointing to his brown arms, asked, “Mom, why can’t I have white skin?”  After the initial shock and parent-fail slap wore off, I… Read More
Jul
24
The Bridge: Battling Racism Insensitivity Discrimination &Gentrification (through) Education.
July 24th, 2020
Even as protestors march across bridges across the nation, from the Brooklyn Bridge to the Golden Gate, history teaches us that America is resistant to acknowledging the persistent racism that plagues this country and even worse, resistant to do… Read More
Jun
26
"I am a Black man who jogs."
June 26th, 2020
“I am a Black man who jogs” was written by Augustus Turner, Mr. Turner retains all copyright to the image and content; it is republished here with his permission. Augustus Turner is a husband, a father, a soldier, and an attorney.… Read More

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