» Rizzo v Shinseki 580 F.3d 1288 (Fed. Cir. 2009)

Yes, you should challenge all VA Medical Examiners' Competence.

In today’s post, I am going to teach you how to become a better advocate by challenging the VA Medical Examiner’s competence – or at least rebutting the presumption of competence in your client’s BVA appeals. VA claims and app… Read More
May 1st, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: Federal Rule of Evidence 702, Medical Expert, Nieves-Rodriguez, presumption of competence, presumption of regularity, Rizzo v Shinseki 580 F.3d 1288 (Fed. Cir. 2009), Wise v Shinseki 26 Vet. App. 517 (2014)

Case Review: #16-3564, Gerhardson v. Shulkin (Can Inadequate Opinion make Inadequate Reasons and Bases harmless error)

What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: the CAVC harmless error rule.} When the BVA issues a remand order, the veteran or surviving spouse is entitled to subs… Read More
March 16th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 38 USC 5103A, American Legion, D'Aries v. Peake 22 Vet. App. 97 (2008), due process violation, Gardner Deference, H.N. Schwarz, Harmless Error, Judge Joseph L. Toth, Margaret K. Krasik, Mark D. Gore, Mathis v. Shulkin 137 S.Ct. at 1995 (June 26 2017), Prickett v Nicholson 20 Vet App 370 (2006), Rizzo v Shinseki 580 F.3d 1288 (Fed. Cir. 2009), Shinseki v. Sanders 556 U.S. 396 (2009), St Paul MN VARO, US Constitution 5th Amendment