Caring. Effective. Efficient.

» Judge William S. Greenberg

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
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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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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… Read More
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Case Review: #17-0306, Schmoker v. Wilkie (Is Hearing Loss a VA disability even if its not compensable?)

What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: continuity of symptomatology for hearing loss} A veteran is entitled to service connection for loss of hearing if his… Read More
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PRECEDENTIAL FCOA CASE ALERT: Bly v. Shulkin (17-1287)(EAJA petition deadline at CAVC)

What is the Deep Issue in the Case? This case involves the deadline to file an EAJA Petition at the CAVC. The Equal Access to Justice Act (“EAJA”) requires applications for attorney fees must be filed within 30 days of a court’s fin… Read More
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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August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them… Read More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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Recent Cases

This case involves an Army veteran who served on active duty in 1991 and then from 2008 to 2009 who was seeking a service-connected major depressive disorder rating in excess of 30%. The appeal was resolved through a joint motion to remand. ISSUE ON… Read More
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

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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