» extra-schedular rating
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 A…
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July 19th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 C.F.R. §3.114(a), 38 C.F.R. §3.344, 38 U.S.C. §5904, Abhinav Goel, attorney fees, Christian A. McTarnaghan, Christopher W. Brown, Clear and Unmistakeable Error (CUE), Debra L. Bernal, effective date, extra-schedular rating, Jenna E. Zellmer, John F. Cameron, Judge Joseph L. Toth, Judge Margaret Bartley, Judge Michael Allen, Judge William S. Greenberg, Kenneth H. Dojaquez, liberalizing law, Margaret E. Sorrenti, Michael G. Imber, ptsd, Snyder v. Nicholson 489 F.3d. 1213 (Fed. Cir. 2007), stabilized rating, Thun v. Peake 22 Vet. App. 111 (2008)
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…
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April 23rd, 2018
Contributor: Chris Attig
PRECEDENTIAL CAVC CASE ALERT: King v. Shulkin (16-2959)(Extra Schedular Rating)
What is the Deep Issue in the Case? Extra-schedular consideration should be considered “where the schedular evaluations are found to be inadequate.” 38 C.F.R. § 3.321(b)(1) (emphasis added). The herring loss rating criteria are largely b…
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December 22nd, 2017
Contributor: Chris Attig
