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Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)

What is the Deep Issue in the Case? New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as  filed in connection with the claim which was pending at the beginning of the appeal p… Read More
February 15th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 C.F.R. 3.156(b), Auer v. Robbins 519 U.S. 452 (1997), Chief Judge Robert N. Davis, Jonathan B. Kramer, Judge Coral W. Pietsch, Judge Michael Allen, Lindsay Gower, Little Rock AR VARO, Military Order of the Purple Heart, new and material evidence, regulatory interpretation, reopen

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

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Taking Point! Blog

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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
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Veterans Court: VA rating for prostate cancer should consider residuals.
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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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A Refreshing Voice to Follow Right Now.
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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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