Caring. Effective. Efficient.

» Chief Judge Robert N. Davis

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
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Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)

General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it “…has… Read More
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Episode 004: CAVC Oral Argument - Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)

General Preview of the Case: This is a complex case involving the complex issue of “successive rating criteria”, with a lot of regulatory interpretation and factual application issues at play.  There is one, and possibly more, diagnostic… Read More
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FCOA Precedent Alert: Saunders v. Wilkie, #2017-1466 (A Veteran can service connect stand-alone pain)

What is the Deep Issue in the Case? This case involves the question of whether a veteran can service connect stand alone pain as  a disability for the purposes of VA disability compensation.  The basic VA disability compensation statute is clear: t… Read More
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Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)

What is the Deep Issue in the Case? New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as  filed in connection with the claim which was pending at the beginning of the appeal p… Read More
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PRECEDENTIAL CAVC CASE ALERT: Harvey v. Shulkin (16-1515)(Lawyer as Medical Expert)

What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims has laid out clear standards for determining the adequacy of a VA expert opinion in a VA disability compensation claim. Accord, e.g., Monzingo v. Shinseki, 26 Vet.App. 9… Read More
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PRECEDENTIAL CAVC CASE ALERT: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)

What is the Deep Issue in the Case?  The general effective date rule says that the later of the date entitlement arose and the date of the claim for benefits is the effective date for a VA PTSD claim.  38 C.F.R. §3.400.  When a liberalizing rule… Read More
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PRECEDENTIAL FCOA CASE ALERT: Crediford v. Shulkin (16-1386)

What is the Deep Issue in the Case? Author note: Typically, I work to keep “Deep Issue” summaries below 100 words. I believe this decision is significant, and have worked to keep the Deep Issue as brief as possible while accurately portr… Read More
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Case Review: 16-3258, Efrem Knowles

What is the Deep Issue in the Case? The probative value of a medical opinion in a VA benefits claim derives from the factually accurate, fully articulated, sound reasoning for the conclusion. Nieves-Rodriguez v Peake, 22 Vet. App. 295, 304(2008). The… Read More
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Case Review: CAVC #16-2628, George Kemp, Jr. v. Shulkin

  What  is the “Deep Issue” in the case? A veteran is entitled to special monthly compensation (SMC) if, owing to a service-connected disability the veteran suffered anatomical loss of use of one or both feet. 38 U.S.C. § 1114(k),… Read More
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Recent Cases

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
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
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
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
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
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” 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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