Caring. Effective. Efficient.

» 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 hisÂ… Read More
May 21st, 2018
Contributor: Chris Attig
Read More
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

Taking Point! Blog

Oct
26
8 Reasons to Choose Attig | Curran |Steel to handle your Veterans Court appeals.
October 26th, 2022
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 Ap… Read More
Jun
3
Action items for veterans who want to lead on gun control.
June 3rd, 2022
I really can’t take it anymore. I’m sure many like you feel the same way. Every time another child with a military weapon ambushes a school full of children, I am overwhelmed with emotions that have no outlet. I can’t even process… Read More
May
18
Four standards of review at the Veterans Court.
May 18th, 2022
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
A Tale of Two Veterans.
May 16th, 2022
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

Read the "Taking Point!" Blog

Recent Cases

Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)
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… Read More
Client Win: CAVC No. 21-2655, (BVA overlooked evidence of suicidal ideation in claim for an increased PTSD rating)
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
Client Win: CAVC No. 21-0394, (BVA erred in denying past-due benefits in 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 jo… Read More

See More Appellate Results