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I began practicing Veterans Law in 2007. Shortly after the law changed to allow veterans to hire attorneys to appeal VA ratings decisions, I became one of the first attorneys to become accredited by the VA to represent veterans.
When I started advocating for veterans, there were no blogs covering Veterans Law. I created the wildly popular Veterans Law Blog®, teaching the law and procedure of VA claims and appeals to veterans, VSOs, agents, and attorneys alike. That blog, now a subscription-based educational resource separate and distinct from this law firm, now reaches more than a quarter-million veterans every month.
Today, owing to the prominence and value of the Veterans Law Blog®, a law firm seeking to represent veterans can not be taken seriously if it lacks a blog on veterans law and advocacy.
Today, so many of our Black veterans, veterans of color, women veterans, and veterans who identify as LGBTQI, are abandoned and neglected as the definition of what a veteran is, and how veterans act, shrinks smaller and smaller.
The Attig | Curran | Steel blog is going to"take point" and expand what it means to be a veteran.
Veterans Law Updates.
This category will cover changes and updates in the law that flow from the decisions of the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Federal Circuit. and VA rule-making.
Building Sustainable Law Practices.
The lawyer representing veterans faces unique challenges. This category will share how we are building a sustainable and profitable law firm that prioritizes the well-being of the attorney and support staff.
The Bridge.
Throughout history, the experiences certain subsets of veterans have been overlooked or hidden behind a curtain of racism and a veil of misogyny we have heretofore pretended does not exist.
In this category of posts we expose the reality minority veterans face, elevate their voices and educate and validate each other in the hope of beginning to remedy the systematic oppression of Black veterans, veterans of color, women veterans and veterans identifying as LGBTQI.
Learn how to follow and receive updated content from the Taking Point blog.
PRECEDENTIAL CAVC CASE ALERT: Martinez v. Wilkie (17-1551)(38 USC 5103A, the Duty to Assist and C&P Opinions)
What is the Deep Issue in the Case? This case had two issues: one statutory and the other constitutional. Issue#1: 38 U.S.C. §5103A(a)(1) requires the Secretary “assist a claimant in obtaining evidence to substantiate the claim.” The Secretary d…
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May 28th, 2019
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 5103A, 38 USC 5104, 38 USC 5109, 38 USC 7109, Ashley D. Varga, due process violation, Duty to Assist, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge Joseph L. Toth, Michael Martin, Morgan & Morgan, St. Petersburg FL VARO, Stacey Clark, University of Missouri Law School Veterans Clinic
How the BVA misapplies the Presumption of Soundness.
May 15th, 2019
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 1111, Bergman and Moore law firm, BVA Decisions, clearly erroneous, Crowe v. Brown 7 Vet. App. 238 (1994), David A.F. Litvak, Horn v Shinseki 25 Vet. App. 231 (2012), inadequate reasons and bases, Judge Amanda L. Meredith, M. Tenner, McKinney v McDonald 28 Vet. App. 15 (2016), Nathan P. Kirschner, presumption of soundness, shoulder, Wagner v Principi 370 F3d 1089 (Fed Cir 2004)
Reviewing the Record Before the Agency (RBA) may be the most important thing you do in your CAVC appeal.
Every appeal to the US Court of Appeals for Veterans Claims (CAVC) begins by filing a Notice of Appeal with the CAVC. Shortly after receiving a Notice of Appeal, the CAVC assigns a docket number. The CAVC Docket Number is the reference number that is…
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May 13th, 2019
Contributor: Jennifer Steel
3 common errors in BVA "continuity of symptomatology" decisions.
If I could write a list of the most common errors in BVA decisions, erroneous continuity of symptomatology decisions would top the list.
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May 6th, 2019
Contributor: Chris Attig
Categories: Veterans Law Updates
Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of "children" in substitution statute)
What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s dependent p…
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April 24th, 2019
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 5121(a), Chevron deference, Chief Judge Sharon Prost, child, Circuit Judge Evan J. Wallach, Circuit Judge Jimmie V. Reyna, D.M. Donahue, Jennifer Hwa, Joshua E. Kurland, Judge Coral W. Pietsch, Judge Mary J. Schoelen, Judge William S. Greenberg, Ken Carpenter, Michele R. Katina, pro veteran canon, St Louis MO VARO
Does the VA Duty to Assist require giving to veterans a copy of their C&P opinions?
One of our clients’ cases, Martinez v. Wilkie, No 17-1551, was recently set for a panel decision by the US Court of Appeals for Veterans Claims (CAVC).We are not yet sure if there will be supplemental briefing or oral argument at this time. In…
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January 17th, 2019
Contributor: Chris Attig
Coffee w/Chris: Is there enough air in your law firm's tires? (11-19-2018)
Today’s video starts off with an overview of a recent precedential decision of the U.S. Court of Appeals for Veterans Claims in the case of Moody v. Wilkie, Cause No. 16-1707. Click here to read the CAVC’s panel decision in Moody v. Wilki…
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November 26th, 2018
Contributor: Chris Attig
FCOA Precedent Alert: Cook v. Wilkie (Can a veteran have more than one BVA hearing?)
What is the Deep Issue in the Case? 38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.” On remand from the Veterans Court, the veteran asked for a new BVA hear…
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November 15th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 7107(b), Barbara Thomas, Chevron deference, Circuit Judge Alan D. Lourie, Circuit Judge Pauline Newman, Circuit Judge Raymond C. Clevenger, Covington and Burling LLP, Francis M. Jackson, John Niles, Judge Coral W. Pietsch, Judge Margaret Bartley, K.L. Wallin, Ken Carpenter, Manchester NH VARO, Milo H. Hawley, Nathan P. Kirschner, Penelope E. Gronbeck, pro veteran, Procopio, Senior Judge Lawrence B. Hagel, Skidmore deference
Coffee w/Chris (11-14-2018): The problem of attorney suicide.
In today’s episode, I’m going to give you a quick introduction to the case of Cook v. Wilkie, a November 2018 precedential decision from the U.S. Court of Appeals for the Federal Circuit. This case is big: it involves when and how the BVA…
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November 14th, 2018
Contributor: Chris Attig
Coffee w/ Chris: The Supreme Court takes on Agent Orange (11-5-2018).
Coffee w/ Chris: (Monday, November 5, 2018) The Supreme Court takes on Agent Orange. It is not often that the Supreme Court takes up a veterans disability claim. This past Friday, SCOTUS granted cert in a case called Gray v. Wilkie. The question in t…
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November 6th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates