» Joshua L. Wolinsky
Episode 010: "No, I won't give you my Debit Card PIN Number" (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)
What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effec…
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July 12th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 C.F.R. §20.204, Alexander O. Canizares, Circuit Judge Haldane Robert Mayer, Circuit Judge Kathleen O'Malley, Circuit Judge Richard G. Taranto, DeLisio v. Shinseki 25 Vet. App. 45 (2011), Disabled American Veterans (DAV), Fla. Power & Light Co. v. Lorion 470 U.S. 729 (1985), Joshua L. Wolinsky, Judge Alan G. Lance Sr., Louisville KY VARO, McDermott Will & Emery LLP, Milo H. Hawley, Natalie A. Bennett, withdraw an appeal
Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)
General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it “…has…
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April 25th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 105(a), 38 USC 1111, 38 USC 7261(b), Chief Judge Robert N. Davis, Clear and Unmistakeable Error (CUE), Harmless Error, Joshua L. Wolinsky, Judge Margaret Bartley, Judge Michael Allen, Ken Carpenter, Kotteakos v. US 328 US 750 (1946), presumption of aggravation, presumption of soundness, Shinseki v. Sanders 556 U.S. 396 (2009), Winston Salem NC VARO
16-2259: Chavez v. Shulkin
What is the Deep Issue in the Case? A veteran has a burden to present and support a claim for benefits with facts, and not pure speculation or remote possibility. Fagan v. Shinseki, 573 F.3d 1282 (Fed. Cir. 2009) . A VA C&P Exam report must rest…
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January 15th, 2018
