Caring. Effective. Efficient.

» presumption of soundness

How the BVA misapplies the Presumption of Soundness.

Read More
May 15th, 2019
Contributor: Chris Attig
Read More
Categories: Veterans Law Updates
Tags: 38 USC 1111, Bergman and Moore law firm, BVA Decisions, clearly erroneous, Crowe v. Brown 7 Vet. App. 238 (1994), David A.F. Litvak, Horn v Shinseki 25 Vet. App. 231 (2012), inadequate reasons and bases, Judge Amanda L. Meredith, M. Tenner, McKinney v McDonald 28 Vet. App. 15 (2016), Nathan P. Kirschner, presumption of soundness, shoulder, Wagner v Principi 370 F3d 1089 (Fed Cir 2004)

Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)

General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it “…has… Read More
April 25th, 2018
Contributor: Chris Attig
Read More
Categories: Veterans Law Updates
Tags: 38 USC 105(a), 38 USC 1111, 38 USC 7261(b), Chief Judge Robert N. Davis, Clear and Unmistakeable Error (CUE), Harmless Error, Joshua L. Wolinsky, Judge Margaret Bartley, Judge Michael Allen, Ken Carpenter, Kotteakos v. US 328 US 750 (1946), presumption of aggravation, presumption of soundness, Shinseki v. Sanders 556 U.S. 396 (2009), Winston Salem NC VARO

Taking Point! Blog

Jun
3
Action items for veterans who want to lead on gun control.
June 3rd, 2022
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… Read More
May
27
Gun Control is a Veteran’s Business
May 27th, 2022
  While on our way to the nutcracker audition at the local theatre I asked my 9-year-old daughter how her day went at school. “It was okay.  We had another active shooter drill.  When the drill started, I had to run behind and under my teacher… Read More
May
23
Working with Purpose.
May 23rd, 2022
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
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 “… Read More

Read the "Taking Point!" Blog

Recent Cases

Client Win: CAVC No. 21-2655, (BVA overlooked evidence of suicidal ideation in claim for an increased PTSD rating)
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
Client Win: CAVC No. 21-0394, (BVA erred in denying past-due benefits in claim for an increased rating)
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
Client Win: CAVC No. 21-0140 (BVA fails to comply with a Veterans Court Order).
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

See More Appellate Results