Caring. Effective. Efficient.

» Mark D. Gore

Case Review: #16-3564, Gerhardson v. Shulkin (Can Inadequate Opinion make Inadequate Reasons and Bases harmless error)

What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: the CAVC harmless error rule.} When the BVA issues a remand order, the veteran or surviving spouse is entitled to subs… Read More
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Recent Cases

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… Read More
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
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… Read More

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Taking Point! Blog

May
23
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… Read More
May
18
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 “… Read More
May
16
Let me tell you the story of two veterans. The first veteran – we’ll call him Jim – claimed he was exposed to herbicides – Agent Orange – outside of the Republic of Vietnam. After the VA spent decades denying his claim,… Read More
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

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