Caring. Effective. Efficient.

» Michael E. Kilcoyne

Case Review: 17-0304, Burgess v. Shulkin (Federal appellate court commands professional work product)

What is the Deep Issue in the Case? Very generally stated, the VA has a duty to notify the veteran of the elements of his claim for service connection and the evidence that might prove those elements. 38 USC 5103(a). The VA repeatedly denied service… Read More
March 9th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: attorney ethics, Disabled American Veteran (DAV), due process violation, Hartford CT VARO, James R. Drysdale, Judge Coral W. Pietsch, Maxwell D. Kinman, Michael E. Kilcoyne

PRECEDENTIAL CAVC CASE ALERT: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)

What is the Deep Issue in the Case?  The general effective date rule says that the later of the date entitlement arose and the date of the claim for benefits is the effective date for a VA PTSD claim.  38 C.F.R. §3.400.  When a liberalizing rule… Read More
February 1st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 CFR 3.114, 38 CFR 3.304(f), 38 CFR 3.400, Chief Judge Robert N. Davis, dissent, effective date, Judge Coral W. Pietsch, Judge Margaret Bartley, liberalizing rule, Michael E. Kilcoyne, Nathan P. Kirschner, pro-se, ptsd, Waco TX VARO

Recent Cases

Client Win: CAVC No. 20-5734, Brown-Leonard v. McDonough (Major depressive disorder rating)
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
Client Win: CAVC No. 20-5053, Armstead v. McDonough (BVA must provide fair process in Dependency Indemnity Compensation appeal))
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
Client Win: CAVC No. 20-4843, C.Smith v. McDonough (Agent Orange exposure in Thailand)
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
Veterans Court: What constitutes loss of use of a reproductive organ for purposes of SMC?
March 2nd, 2021
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
Veterans Court: VA rating for prostate cancer should consider residuals.
February 26th, 2021
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
A Refreshing Voice to Follow Right Now.
February 26th, 2021
  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
Veterans Court weighs in on VA Ratings for Migraines
February 12th, 2021
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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