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» regulatory interpretation

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: Cause No. 19-8187 May v. Wilkie (TDIU denial not supported by adequate reasons and bases)
This case involves the application of a duplicitous legal standard by the BVA to a veteran’s TDIU appeal, in what is called a “reasons and bases” error by the Board of Veterans Appeals. While it favored a VA C&P medical opinion… Read More
Client Win: 19-6722, Ford v. Wilkie (TBI & Migraine Ratings)
This case involves several issues but centered around two: the veteran’s entitlement to increased TBI (Traumatic-Brain-Injury) and migraine ratings.  ISSUE ON APPEAL TO THE CAVC (TBI & Migraine Ratings). The veteran in this case was in a c… Read More
Client Win: 19-5619, Fernandez v. Wilkie (PTSD rating higher than 50-percent)
ISSUE ON APPEAL TO THE CAVC: PTSD rating higher than 50-percent. The veteran appealed to the Board of Veterans Appeals (BVA) seeking a PTSD rating higher than 50-percent. The VA had performed a VA C&P examination and opinion in January 2019. Rely… Read More

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Taking Point! Blog

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The Black Hero.
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The Bridge: Battling Racism Insensitivity Discrimination &Gentrification (through) Education.
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"I am a Black man who jogs."
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“I am a Black man who jogs” was written by Augustus Turner, Mr. Turner retains all copyright to the image and content; it is republished here with his permission. Augustus Turner is a husband, a father, a soldier, and an attorney.… Read More

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