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Home › D'Aries v. Peake 22 Vet. App.…

» D'Aries v. Peake 22 Vet. App. 97 (2008)

Case Review: #16-3564, Gerhardson v. Shulkin (Can Inadequate Opinion make Inadequate Reasons and Bases harmless error)

What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: the CAVC harmless error rule.} When the BVA issues a remand order, the veteran or surviving spouse is entitled to subs… Read More
March 16th, 2018
Contributor: Chris ("Chrys") Attig
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Categories: Veterans Law Updates
Tags: 38 USC 5103A, American Legion, D'Aries v. Peake 22 Vet. App. 97 (2008), due process violation, Gardner Deference, H.N. Schwarz, Harmless Error, Judge Joseph L. Toth, Margaret K. Krasik, Mark D. Gore, Mathis v. Shulkin 137 S.Ct. at 1995 (June 26 2017), Prickett v Nicholson 20 Vet App 370 (2006), Rizzo v Shinseki 580 F.3d 1288 (Fed. Cir. 2009), Shinseki v. Sanders 556 U.S. 396 (2009), St Paul MN VARO, US Constitution 5th Amendment

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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