What is the Deep Issue in the Case?
This case had two issues: one statutory and the other constitutional.
Issue#1: 38 U.S.C. §5103A(a)(1) requires the Secretary “assist a claimant in obtaining evidence to substantiate the claim.”
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…
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…
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…
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…
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…
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…
“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.…