General Overview of Harmless Error law.
The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact.
The Court stated in its supplemental briefing order that it “…has…
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).
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…
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…
After years of exploring different fields, I’ve found purpose-driven work here, at Attig | Curran | Steel.
There are a lot of variables in the experience of “happy.” It is difficult to keep it continuous.
Do I feel happy when my kids…
When appellate courts review the decisions of lower courts – or in administrative law where a Court like the US Court of Appeals for Veterans Claims (CAVC) reviews the decisions of the BVA, an administrative tribunal – they use “…
Let me tell you the story of two veterans.
The first veteran – we’ll call him Jim – claimed he was exposed to herbicides – Agent Orange – outside of the Republic of Vietnam. After the VA spent decades denying his claim,…
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…