Caring. Effective. Efficient.

» Dana N. Weiner

Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)

Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran… Read More
April 23rd, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2018 CAVC Oral Arguments, 38 CFR 3.321(b), Anthony D. Ortiz, CCK, Court of Appeals for Veterans Claims, Dana N. Weiner, extra-schedular rating, podcast, Tessa S. Stillings

PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)

What is the Deep Issue in the Case? The  Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 –… Read More
January 31st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 USC 1110, 38 usc 1155, 38 USC 7252, A. Jaeger, CCK, Dana N. Weiner, Disabled American Veteran (DAV), Judge Coral W. Pietsch, Judge Margaret Bartley, Judge Mary J. Schoelen, Los Angeles CA VARO, obesity, Omar Yousaf, Wanner v. Principi 370 F.3d 1124 (Fed. Cir. 2004), Zachary M. Stolz

Recent Cases

Client Win: CAVC No. 20-5053, Armstead v. Wilkie (BVA must provide fair process in Dependency Indemnity Compensation appeal))
This case involves a survivor’s claim for entitlement to Dependency and Indemnity Compensation (DIC). The appellant’s late-husband served in the US Air Force from 1964 – 1984, and passed away from a rare form of non-Hodgkins lymphom… Read More
Client Win: CAVC No. 20-4774, Scott v. McDonough (BVA ignores evidence of total occupational and social impairment)
This case involves involves an Air Force veteran (2000, 2003 – 2004) and his appeal to the BVA seeking a rating above 50% for his service-connected PTSD due to suicidal ideation and total occupational and social impairment. The appeal was resol… Read More
Client Win: CAVC No. 20-4228 Curtin v. Wilkie (Joint motion to remand due to Inadequate medical opinion.)
This case involves a the resolution of a veteran’s appeal to the BVA by way of a joint motion to remand. The veteran had been claiming service connection for a psychiatric condition and total disability based on individual unemployability (TDIU).… Read More

See More Appellate Results

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