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» Duty to Assist

PRECEDENTIAL CAVC CASE ALERT: Martinez v. Wilkie (17-1551)(38 USC 5103A, the Duty to Assist and C&P Opinions)

What is the Deep Issue in the Case? This case had two issues: one statutory and the other constitutional. Issue#1: 38 U.S.C. §5103A(a)(1) requires the Secretary “assist a claimant in obtaining evidence to substantiate the claim.” The… Read More
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Does the VA Duty to Assist require giving to veterans a copy of their C&P opinions?

One of our clients’ cases, Martinez v. Wilkie, No 17-1551, was recently set for a panel decision by the US Court of Appeals for Veterans Claims (CAVC).We are not yet sure if there will be supplemental briefing or oral argument at this time. I… Read More
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Case Review: 16-3390, Roberts v. Shulkin (BVA Failed its Duty to Assist)

What is the Deep Issue in the Case? Evidence in the record before the VA may raise notice of pertinent medical records and trigger the duty to assist the appellant to locate and obtain the records. Ivey v. Derwinski, 2 Vet.App. 320 (1992). Before he… Read More
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Recent Cases

This case involves the special, and very powerful, Nehmer effective date rules.  Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first clai… Read More
This case involves the BVA’s rejection of a theory of service connection by aggravation for a back condition. The BVA refused to service connect the veteran’s back injury, which he argued was aggravated by service-connected knee and hip i… Read More
  This case involves a veteran who served in the Air Force from 1953 to 1957. During service, he injured his back on a flight line, and has repeatedly tried to service connect the injury since leaving service in 1957. Each time, the claim was de… Read More

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Taking Point! Blog

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
Sep
30
Earlier this year, I tested an idea – what if a group of lawyers grabbed a virtual cup of coffee every Monday morning and chatted about their progress building a profitable law firm that prioritizes the attorney’s well being? Thos… Read More
Sep
6
If you hear the phrase, lawyers with a purpose, what is your immediate reaction? Do you roll your eyes? Yawn? Close this page and find something else to read? I’ll be honest, the first time a business coach told me that my law practice… Read More
Sep
3
The Business of Law – its not something we really think about until we need to know something about it. Every time I’ve needed to find a lawyer who can help me understand the law, argue a point in a motion or brief, or figure out the pra… Read More

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