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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
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PRECEDENTIAL CAVC CASE ALERT: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)

What is the Deep Issue in the Case?  The general effective date rule says that the later of the date entitlement arose and the date of the claim for benefits is the effective date for a VA PTSD claim.  38 C.F.R. §3.400.  When a liberalizing rule… Read More
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Case Review: 16-2407, Samantha Unell (Proving Nehmer Effective Date)

What is the Deep Issue in the Case? The effective date of a veteran’s claim for a “covered herbicide disease” depends on whether (1) VA denied the claim for the covered herbicide disease between September 25, 1985, and May 3, 1989,… Read More
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Recent Cases

This case involves the application of a duplicitous legal standard by the BVA to a veteran’s TDIU appeal, in what is called a “reasons and bases” error by the Board of Veterans Appeals. While it favored a VA C&P medical opinion… Read More
This case involves several issues but centered around two: the veteran’s entitlement to increased TBI (Traumatic-Brain-Injury) and migraine ratings.  ISSUE ON APPEAL TO THE CAVC (TBI & Migraine Ratings). The veteran in this case was in a c… Read More
ISSUE ON APPEAL TO THE CAVC: PTSD rating higher than 50-percent. The veteran appealed to the Board of Veterans Appeals (BVA) seeking a PTSD rating higher than 50-percent. The VA had performed a VA C&P examination and opinion in January 2019. Rely… Read More

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Taking Point! Blog

Jan
19
As we approach Black History Month and Women’s History Month, I am presented with an opportunity to write about a Black woman.  So, I chose me!  I am an Afro-Latina who also identifies as Black. On my census bureau application last y… Read More
Dec
2
Dear Veteran, We the People, the 79.8 million of us, voted that temporary economic stability should not come at the expense of Black, Hispanic, frontline workers, the immuno-compromised, and elderly lives. We demanded that the unity of our country m… Read More
Oct
20
Racist Ideas, Attitudes, and Behavior On March 1, 2016, the Department of Veterans Affairs (VA) announced it proposed disciplinary action against three Board of Veterans’ Appeals (BVA) attorneys and two judges who had repeatedly sent racist… Read More
Sep
1
By: Yalitza Ledgister, writing for “The Bridge” One day my son came home from school and, pointing to his brown arms, asked, “Mom, why can’t I have white skin?”  After the initial shock and parent-fail slap wore off, I… Read More

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