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» Judge Amanda L. Meredith

Federal Circuit Precedent Alert: Shea v. Wilkie (scope of an informal VA claim)

WHAT IS THE DEEP ISSUE? In determining whether or not a veteran’s formal claim for one condition raised an informal VA claim for a second condition, the CAVC must ensure that the BVA liberally construes the record to determine if the vetera… Read More
August 21st, 2019
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2017 Court of Appeals for Veterans Claims Decisions, 2019 Federal Circuit Court of Appeals, 38 CFR 3.155(a), Brent A. Bowker, Circuit Judge Jimmie V. Reyna, Circuit Judge Richard G. Taranto, Circuit Judge Timothy B. Dyk, Covington and Burling LLP, informal claims, Isaac Chaim Belfer, Judge Amanda L. Meredith, Mollie Lenore Finnan, notice of intent to file VA claim, NVLSP, Richard V. Spataro, St. Petersburg FL VARO

PRECEDENTIAL CAVC CASE ALERT: Buffington v. Wilkie (17-4382).

What is the Deep Issue in the Case? This case involved one issue, framed in 3 ways. In this case, the veteran was receiving disability compensation from the VA when he returned to active military service. His VA benefits were automatically te… Read More
August 5th, 2019
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 CFR 3.654, 38 USC 1110, 38 USC 501, 38 USC 5304(c), A. Jaeger, American Legion, Chevron deference, Cleveland OH VARO, Debra L. Bernal, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge William S. Greenberg, NVL, Stacy Tromble, Surplusage Canon

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
May 28th, 2019
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 USC 5103A, 38 USC 5104, 38 USC 5109, 38 USC 7109, Ashley D. Varga, due process violation, Duty to Assist, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge Joseph L. Toth, Michael Martin, Morgan & Morgan, St. Petersburg FL VARO, Stacey Clark, University of Missouri Law School Veterans Clinic

How the BVA misapplies the Presumption of Soundness.

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May 15th, 2019
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 USC 1111, Bergman and Moore law firm, BVA Decisions, clearly erroneous, Crowe v. Brown 7 Vet. App. 238 (1994), David A.F. Litvak, Horn v Shinseki 25 Vet. App. 231 (2012), inadequate reasons and bases, Judge Amanda L. Meredith, M. Tenner, McKinney v McDonald 28 Vet. App. 15 (2016), Nathan P. Kirschner, presumption of soundness, shoulder, Wagner v Principi 370 F3d 1089 (Fed Cir 2004)

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
January 17th, 2019
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2019 Panel, 38 U.S.C. §5103A, Duty to Assist, Jessica Grunberg, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge Joseph L. Toth, Morgan & Morgan, Stacey Clark

Monday Morning Coffee with Chris: Do THIS when you get back from a Legal Conference.

What to do when you get back from a Legal Conference? I just returned home from a multi-day legal conference: this time the Fall Conference for the National Organization for Veterans Advocates (NOVA) in Washington, D.C. Here’s what I’l… Read More
October 22nd, 2018
Contributor: Chris Attig
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Categories: The Business of Law
Tags: 2018 CAVC Oral Arguments, Anxious Lawyer, Barton F. Stichman, Caitlin S. Milo, Equal Access to Justice Act (EAJA), Headspace, Hire Slow Fire Fast, Judge Amanda L. Meredith, Judge Margaret Bartley, Judge Mary J. Schoelen, Julia A. Turner, NDSS, Next Lawyer Up, NOVA, NVLSP, Speigner v Wilkie #16-2811

Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)

What the ‘MUCMI’ is going on with GERD? PREVIEW OF THE CASE: General Overview of the Medicine Some terms you will hear in this argument: GERD is Gastro Esophageal Reflux Disorder. GERD can often – but not always -result from a dysfu… Read More
April 27th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2018 CAVC Oral Arguments, 38 CFR 3.317, 38 USC 1117, 38 USC 1118, Alexandra Lio, Auer v. Robbins 519 U.S. 452 (1997), Catherine D. Vel, CCK, Chief Judge Robert N. Davis, Christian A. McTarnaghan, Denver CO VARO, Gastroesophageal Reflux Disorder (GERD), Gulf War Syndrome, Judge Amanda L. Meredith, Judge Michael Allen, Medically Unexplained Chronic Multisymptom Illness (MUCMI), Michelle L. Kane, podcast, presumption of service connection

Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)

What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to  “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage.… Read More
January 8th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 CFR 4.130, Bankhead, CCK, Disabled American Veteran (DAV), inadequate reasons and bases, J.W. Zissimos, Judge Amanda L. Meredith, Kaitlyn C. Degnan, Little Rock AR VARO, Monique A.S. Allen, ptsd, ptsd rating, rating

Case Review: 16-1624, Crawley v. Shulkin (Inadequate BVA Reasoning)

  What is the Deep Issue in the Case? Because a medical exam opinion addresses issues of material fact, the BVA must provide a statement of the reasons or bases for its determination that is “adequate to enable a claimant to understand the pre… Read More
December 14th, 2017
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Categories: Veterans Law Updates
Tags: Allday, Deanne L. Bonner Simpson, H. Seesel, inadequate reasons and bases, Judge Amanda L. Meredith, Mark Vichich, St. Petersburg FL VARO

Recent Cases

Client Win: 18-6851, Greene v. Wilkie (BVA fails to consider Nehmer effective date rules)
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
Client Win: 19-3060, Fluker v Wilkie (service connection by aggravation for back injury)
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
Client Win: 19-2462, Burkhalter v. Wilkie (Earlier Effective Date based on newly discovered service records)
  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

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The Bridge: Battling Racism Insensitivity Discrimination &Gentrification (through) Education.
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