Caring. Effective. Efficient.

» Clear and Unmistakeable Error (CUE)

CAVC Docket Update: Appeals Submitted for CAVC Panel Decision and Oral Argument (June 2018)

In June 2018, it appears that the Court of Appeals for Veterans Claims (CAVC) has set 1 case for Panel Decisions and 4 cases for Oral Argument and Panel Decision.  I do my best to seek out and find all cases submitted to a CAVC Panel or set for Oral… Read More
Read More

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
Read More

Taking Point! Blog

Jun
3
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
27
  While on our way to the nutcracker audition at the local theatre I asked my 9-year-old daughter how her day went at school. “It was okay.  We had another active shooter drill.  When the drill started, I had to run behind and under my teacher… Read More
May
23
After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.   There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.  Do I feel happy when my kids… Read More
May
18
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

Read the "Taking Point!" Blog

Recent Cases

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
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
This case involves the BVA’s failure to comply with a Veterans Court Order in a January 2020 Memorandum Decision. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA fails to comply with Veterans Court Ord… Read More

See More Appellate Results