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» Wise v Shinseki 26 Vet. App. 517 (2014)

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)

Recent Cases

Client Win: CAVC No. 20-5734, Brown-Leonard v. McDonough (Major depressive disorder rating)
This case involves an Army veteran who served on active duty in 1991 and then from 2008 to 2009 who was seeking a service-connected major depressive disorder rating in excess of 30%. The appeal was resolved through a joint motion to remand. ISSUE ON… Read More
Client Win: CAVC No. 20-5053, Armstead v. McDonough (BVA must provide fair process in Dependency Indemnity Compensation appeal))
This case involves a survivor’s claim for entitlement to Dependency and Indemnity Compensation (DIC). The appellant’s late-husband served in the US Air Force from 1964 – 1984, and passed away from a rare form of non-Hodgkins lymphom… Read More
Client Win: CAVC No. 20-4843, C.Smith v. McDonough (Agent Orange exposure in Thailand)
This case involved a US Army veteran (1967 to 1971) who was seeking service connection for hypertension, congestive heart failure, Type II diabetes, stroke, and atrial fibrillation due to agent orange exposure in Thailand during the Vietnam war. The… Read More

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Taking Point! Blog

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Veterans Court: What constitutes loss of use of a reproductive organ for purposes of SMC?
March 2nd, 2021
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… Read More
Feb
26
Veterans Court: VA rating for prostate cancer should consider residuals.
February 26th, 2021
In January 2021, the VA rating for prostate cancer was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bailey v. Wilkie.   The panel consisted of Chief Judge Bartley (who… Read More
Feb
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A Refreshing Voice to Follow Right Now.
February 26th, 2021
  Bold and unapologetically honest, Pam Keith is a refreshing political voice you need to follow right now.  She smoothly articulates the most rocky and controversial topics of our time.  It is no surprise that this attorney with 25 years of expe… Read More
Feb
12
Veterans Court weighs in on VA Ratings for Migraines
February 12th, 2021
In November 2020, a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Holmes v. Wilkie.   In it, the Court laid out a road map for Veterans trying to get the correct VA rating for migraines… Read More

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