» Judge Michael Allen
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,…
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August 28th, 2019
Categories: Veterans Law Updates
Tags: 2019 CAVC Decisions, 38 USC 7107(b), BVA hearings, Cook v Wilkie ___ F3d ____ (November 13 2018), Drew Silow, Equal Access to Justice Act (EAJA), Judge Coral W. Pietsch, Judge Mary J. Schoelen, Judge Michael Allen, Ken Carpenter, M.E. Larkin, Penelope E. Gronbeck, Quinn v Wilkie ___ Vet. App. ___ (2019), St. Petersburg FL VARO, VA Office of General Counsel
CAVC Docket Update: Appeals Submitted for CAVC Panel Decision and Oral Argument (June 2018)
In June 2018, it appears that the Court of Appeals for Veterans Claims (CAVC) has set 1 case for Panel Decisions and 4 cases for Oral Argument and Panel Decision. I do my best to seek out and find all cases submitted to a CAVC Panel or set for Oral A…
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July 19th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 C.F.R. §3.114(a), 38 C.F.R. §3.344, 38 U.S.C. §5904, Abhinav Goel, attorney fees, Christian A. McTarnaghan, Christopher W. Brown, Clear and Unmistakeable Error (CUE), Debra L. Bernal, effective date, extra-schedular rating, Jenna E. Zellmer, John F. Cameron, Judge Joseph L. Toth, Judge Margaret Bartley, Judge Michael Allen, Judge William S. Greenberg, Kenneth H. Dojaquez, liberalizing law, Margaret E. Sorrenti, Michael G. Imber, ptsd, Snyder v. Nicholson 489 F.3d. 1213 (Fed. Cir. 2007), stabilized rating, Thun v. Peake 22 Vet. App. 111 (2008)
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…
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April 27th, 2018
Contributor: Chris Attig
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
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
PRECEDENTIAL CAVC CASE ALERT: Golden v. Shulkin (16-1208)(GAF Scores in PTSD Opinion)
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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March 1st, 2018
Contributor: Chris Attig
Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)
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 per…
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February 15th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
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 largely b…
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December 22nd, 2017
Contributor: Chris Attig
Case Review: 16-3961, DeCent v. Shulkin (Scope of a Claim)
What is the Deep Issue in the Case? The scope of a claim is determined by a sympathetic assessment of the veteran’s description of the claim, the veteran’s symptoms and information submitted to or received by the VA in support of the claim. Clemo…
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December 13th, 2017
Categories: Veterans Law Updates
