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Veterans Court: VA rating for prostate cancer should consider residuals.

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
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Veterans Court weighs in on VA Ratings for Migraines

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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Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)

What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to  “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage.… Read More
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Case Review: 16-1655, Hubert D. Bone v. Shulkin (PTSD Rating)

What is the Deep Issue in the Case? The need for adequate reasons and bases from a BVA Judge is particularly acute when the findings and conclusions pertain to the degree of disability resulting from a mental health condition. Mittleider v. West, 11… Read More
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Taking Point! Blog

Jun
3
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
  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
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

Read the "Taking Point!" Blog

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

See More Appellate Results