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Home › 38 CFR 3.317

» 38 CFR 3.317

Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)

What the ‘MUCMI’ is going on with GERD? PREVIEW OF THE CASE: General Overview of the Medicine Some terms you will hear in this argument: GERD is Gastro Esophageal Reflux Disorder. GERD can often – but not always -result from a dysfu… Read More
April 27th, 2018
Contributor: Chris ("Chrys") Attig
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Categories: Veterans Law Updates
Tags: 2018 CAVC Oral Arguments, 38 CFR 3.317, 38 USC 1117, 38 USC 1118, Alexandra Lio, Auer v. Robbins 519 U.S. 452 (1997), Catherine D. Vel, CCK, Chief Judge Robert N. Davis, Christian A. McTarnaghan, Denver CO VARO, Gastroesophageal Reflux Disorder (GERD), Gulf War Syndrome, Judge Amanda L. Meredith, Judge Michael Allen, Medically Unexplained Chronic Multisymptom Illness (MUCMI), Michelle L. Kane, podcast, presumption of service connection

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 c… 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 of s… 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

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