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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… Read More
March 14th, 2018
Contributor: Chris ("Chrys") Attig
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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

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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