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» Otterson v. McDonald CAVC #15-335

"To the Best of my Knowledge" - The case against attorney use of VA Form 21-4138.

In a recent court appeal, the VA was relying on the unsigned and unsworn statement of a random government bureaucrat. This bureaucrat was “testifying” to the lack of existence of any evidence that my client was exposed to the herbicide ag… Read More
June 15th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: Brokaw v. West 13 Vet. App. 134 (1999), buddy statements, competent evidence, evidence, evidentiary foundations, Federal Rules of Evidence, non-adversarial system, Otterson v. McDonald CAVC #15-335, Sworn Declaration, VA Form 21-4138

Recent Cases

Client Win: 18-6851, Greene v. Wilkie (BVA fails to consider Nehmer effective date rules)
This case involves the special, and very powerful, Nehmer effective date rules.  Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first clai… Read More
Client Win: 19-3060, Fluker v Wilkie (service connection by aggravation for back injury)
This case involves the BVA’s rejection of a theory of service connection by aggravation for a back condition. The BVA refused to service connect the veteran’s back injury, which he argued was aggravated by service-connected knee and hip i… Read More
Client Win: 19-2462, Burkhalter v. Wilkie (Earlier Effective Date based on newly discovered service records)
  This case involves a veteran who served in the Air Force from 1953 to 1957. During service, he injured his back on a flight line, and has repeatedly tried to service connect the injury since leaving service in 1957. Each time, the claim was de… Read More

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