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. 97 (2…
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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 out your…
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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…
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This case involves the BVA’s failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original c… Read More
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 of s… 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