» Medical Expert

3 common errors in BVA "continuity of symptomatology" decisions.

If I could write a list of the most common errors in BVA decisions, erroneous continuity of symptomatology decisions would top the list. Read More
May 6th, 2019
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: CAVC, continuity of symptomatology, credibility, direct service connection, lay evidence, Medical Expert

Yes, you should challenge all VA Medical Examiners' Competence.

In today’s post, I am going to teach you how to become a better advocate by challenging the VA Medical Examiner’s competence – or at least rebutting the presumption of competence in your client’s BVA appeals. VA claims and app… Read More
May 1st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: Federal Rule of Evidence 702, Medical Expert, Nieves-Rodriguez, presumption of competence, presumption of regularity, Rizzo v Shinseki 580 F.3d 1288 (Fed. Cir. 2009), Wise v Shinseki 26 Vet. App. 517 (2014)

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. 97 (2… Read More
February 9th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2018 Panel, Chief Judge Robert N. Davis, Dr. David Anaise M.D./J.D., Federal Rules of Evidence, Jonathan B. Kramer, Judge Margaret Bartley, Judge Mary J. Schoelen, Medical Expert, ptsd, Ronen Z. Morris, sleep apnea, St. Petersburg FL VARO