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PRECEDENTIAL CAVC CASE ALERT: Harvey v. Shulkin (16-1515)(Lawyer as Medical Expert)

What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims has laid out clear standards for determining the adequacy of a VA expert opinion in a VA disability compensation claim. Accord, e.g., Monzingo v. Shinseki, 26 Vet.App. 9… Read More
February 9th, 2018
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: 2018 Panel, Chief Judge Robert N. Davis, Dr. David Anaise M.D./J.D., Federal Rules of Evidence, Jonathan B. Kramer, Judge Margaret Bartley, Judge Mary J. Schoelen, Medical Expert, ptsd, Ronen Z. Morris, sleep apnea, St. Petersburg FL VARO

The law firm vision: picking a single golden apple from the orchard.

There are estimated to be over 21 million veterans. Of those, around 4.5 million are considered disabled – they have a medical condition or disability which resulted from their time in service. That is the market of people who may seek o… Read More
January 19th, 2018
Contributor: Chris Attig
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Categories: The Business of Law
Tags: law firm, sleep apnea, vision

Case Review: 16-3258, Efrem Knowles

What is the Deep Issue in the Case? The probative value of a medical opinion in a VA benefits claim derives from the factually accurate, fully articulated, sound reasoning for the conclusion. Nieves-Rodriguez v Peake, 22 Vet. App. 295, 304(2008). The… Read More
December 7th, 2017
Contributor: Chris Attig
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Categories: Veterans Law Updates
Tags: Bergman and Moore law firm, Chief Judge Robert N. Davis, Clifton Prince, Joy A. McDonald, Nieves-Rodriguez, remand, sleep apnea, vacate, Winston Salem NC VARO

Recent Cases

Client Win: 18-6851, Greene v. Wilkie (BVA fails to consider Nehmer effective date rules)
This case involves the special, and very powerful, Nehmer effective date rules.  Mr. Greene, the veteran, sought an effective date for his service connected coronary artery disease. He argued his effective date should go back to 2006, the first clai… Read More
Client Win: 19-3060, Fluker v Wilkie (service connection by aggravation for back injury)
This case involves the BVA’s rejection of a theory of service connection by aggravation for a back condition. The BVA refused to service connect the veteran’s back injury, which he argued was aggravated by service-connected knee and hip i… Read More
Client Win: 19-2462, Burkhalter v. Wilkie (Earlier Effective Date based on newly discovered service records)
  This case involves a veteran who served in the Air Force from 1953 to 1957. During service, he injured his back on a flight line, and has repeatedly tried to service connect the injury since leaving service in 1957. Each time, the claim was de… Read More

See More Appellate Results

Taking Point! Blog

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If you hear the phrase, lawyers with a purpose, what is your immediate reaction? Do you roll your eyes? Yawn? Close this page and find something else to read? I’ll be honest, the first time a business coach told me that my law practice… Read More

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