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PRECEDENTIAL FCOA CASE ALERT: Bly v. Shulkin (17-1287)(EAJA petition deadline at CAVC)
What is the Deep Issue in the Case? This case involves the deadline to file an EAJA Petition at the CAVC. The Equal Access to Justice Act (“EAJA”) requires applications for attorney fees must be filed within 30 days of a court’s fin…
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March 14th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 2018 Federal Circuit Court of Appeals, 28 USC 2412, Brandon Michael Selinsky, Circuit Judge Jimmie V. Reyna, Circuit Judge Timothy B. Dyk, Circuit Judge Todd M. Hughes, Disabled American Veteran (DAV), EAJA Petition, Equal Access to Justice Act (EAJA), Impresa Construzioni Geom Domenico Garufi v United States 531 F3d 1367 (Fed Cir 2008), Joseph Whitcom, Joshua E. Kurland, Judge Margaret Bartley, Judge William S. Greenberg, Justin P. Zimmer, Michael Martin, Senior Judge Bruce E. Kasold, Sioux Falls SD VARO
Case Review: 17-0304, Burgess v. Shulkin (Federal appellate court commands professional work product)
What is the Deep Issue in the Case? Very generally stated, the VA has a duty to notify the veteran of the elements of his claim for service connection and the evidence that might prove those elements. 38 USC 5103(a). The VA repeatedly denied service…
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March 9th, 2018
Contributor: Chris Attig
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 – or an…
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January 31st, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)
What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage. B…
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January 8th, 2018
Contributor: Chris Attig