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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: the V… Read More

April 17th, 2018

Contributor: Chris Attig

Categories: Veterans Law Updates

Tags: 2018 Federal Circuit Court of Appeals, 38 CFR 4.1, 38 USC 1110, American Legion, Chief Judge Robert N. Davis, Circuit Judge Kathleen O'Malley, Circuit Judge Pauline Newman, Circuit Judge Timothy B. Dyk, Judge Coral W. Pietsch, Judge Mary J. Schoelen, knee, Mark E. Porada, Melanie L. Bostwick, NVLSP, Orrick Herrington & Sutcliffe, Patrick Berkshire, Roanoke VA VARO, Shereen Marcus, stand alone pain, Thomas J. Dannaher

Taking Point! Blog

Mar

Hiring Experienced Paralegal for our VA Claims practice area.

March 3rd, 2023

Attig | Curran | Steel, PLLC, is a nationally recognized leader in VA claims/appeals. Our main office is in downtown Little Rock, Arkansas, though we have team membAttig | Curran | Steel, PLLC, is a nationally recognized leader in VA claims/appeals.… Read More

Oct

8 Reasons to Choose Attig | Curran |Steel to handle your Veterans Court appeals.

October 26th, 2022

If you are an agent, VSO, or attorney, you have a tough decision under AMA when the BVA issues a denial of your client’s benefits. On one hand, you can file a supplemental claim. On the other, you can file an appeal to the US Court of Appeals f… Read More

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Action items for veterans who want to lead on gun control.

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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 w… Read More

May

Four standards of review at the Veterans Court.

May 18th, 2022

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 “sta… Read More

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Recent Cases

Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)

This case involves the BVA’s failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original c… Read More

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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 of s… Read More

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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… Read More

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