38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.” When a veteran has a BVA hearing, and seeks another hearing after the BVA decision is vacated and remanded…
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What is the Deep Issue in the Case?
Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s depende…
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Today’s video starts off with an overview of a recent precedential decision of the U.S. Court of Appeals for Veterans Claims in the case of Moody v. Wilkie, Cause No. 16-1707.
Click here to read the CAVC’s panel decision in&n…
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What is the Deep Issue in the Case?
38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.”
On remand from the Veterans Court, the veteran asked for a new BV…
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What is the Deep Issue in the Case?
This case involves the question of whether a veteran can service connect stand alone pain as a disability for the purposes of VA disability compensation.
The basic VA disability compensation statute is clear: t…
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What is the Deep Issue in the Case?
Very generally stated, the VA has a duty to notify the veteran of the elements of his claim for service connection and the evidence that might prove those elements. 38 USC 5103(a).
The VA repeatedly denied service…
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What is the Deep Issue in the Case?
Preliminary note about GAF Scores: Effective August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them…
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What is the Deep Issue in the Case?
New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as filed in connection with the claim which was pending at the beginning of the appeal p…
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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…
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What is the Deep Issue in the Case?
The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 –…
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I really can’t take it anymore. I’m sure many like you feel the same way.
Every time another child with a military weapon ambushes a school full of children, I am overwhelmed with emotions that have no outlet. I can’t even process…
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While on our way to the nutcracker audition at the local theatre I asked my 9-year-old daughter how her day went at school.
“It was okay. We had another active shooter drill. When the drill started, I had to run behind and under my teacher…
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After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.
There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.
Do I feel happy when my kids…
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When appellate courts review the decisions of lower courts – or in administrative law where a Court like the US Court of Appeals for Veterans Claims (CAVC) reviews the decisions of the BVA, an administrative tribunal – they use “…
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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…
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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…
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This case involves the BVA’s failure to comply with a Veterans Court Order in a January 2020 Memorandum Decision.
The appeal was resolved through a joint motion to remand.
ISSUE ON APPEAL TO THE CAVC (BVA fails to comply with Veterans Court Ord…
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