Caring. Effective. Efficient.

» Judge Mary J. Schoelen

Precedential CAVC Alert: Quinn v. Wilkie (17-4555)

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… Read More
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Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of "children" in substitution statute)

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… Read More
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Coffee w/Chris: Is there enough air in your law firm's tires? (11-19-2018)

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… Read More
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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
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FCOA Precedent Alert: Saunders v. Wilkie, #2017-1466 (A Veteran can service connect stand-alone pain)

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… Read More
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PRECEDENTIAL CAVC CASE ALERT: Harvey v. Shulkin (16-1515)(Lawyer as Medical Expert)

What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims has laid out clear standards for determining the adequacy of a VA expert opinion in a VA disability compensation claim. Accord, e.g., Monzingo v. Shinseki, 26 Vet.App. 9… Read More
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PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)

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 –… Read More
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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… Read More
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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 la… Read More
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Case Review: 16-2407, Samantha Unell (Proving Nehmer Effective Date)

What is the Deep Issue in the Case? The effective date of a veteran’s claim for a “covered herbicide disease” depends on whether (1) VA denied the claim for the covered herbicide disease between September 25, 1985, and May 3, 1989,… Read More
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Recent Cases

This case involves a survivor’s claim for entitlement to Dependency and Indemnity Compensation (DIC). The appellant’s late-husband served in the US Air Force from 1964 – 1984, and passed away from a rare form of non-Hodgkins lymphom… Read More
This case involved a US Army veteran (1967 to 1971) who was seeking service connection for hypertension, congestive heart failure, Type II diabetes, stroke, and atrial fibrillation due to agent orange exposure in Thailand during the Vietnam war. The… Read More
This case involves involves an Air Force veteran (2000, 2003 – 2004) and his appeal to the BVA seeking a rating above 50% for his service-connected PTSD due to suicidal ideation and total occupational and social impairment. The appeal was resol… Read More

See More Appellate Results

Taking Point! Blog

Mar
2
In January 2021, the loss of use of a reproductive organ for SMC purposes was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bria v. Wilkie.   The panel consisted of Judge Mere… Read More
Feb
26
In January 2021, the VA rating for prostate cancer was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bailey v. Wilkie.   The panel consisted of Chief Judge Bartley (who… Read More
Feb
26
  Bold and unapologetically honest, Pam Keith is a refreshing political voice you need to follow right now.  She smoothly articulates the most rocky and controversial topics of our time.  It is no surprise that this attorney with 25 years of expe… Read More
Feb
12
In November 2020, a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Holmes v. Wilkie.   In it, the Court laid out a road map for Veterans trying to get the correct VA rating for migraines… Read More

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