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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.
Episode 010: "No, I won't give you my Debit Card PIN Number" (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)
What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effec…
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"To the Best of my Knowledge" - The case against attorney use of VA Form 21-4138.
In a recent court appeal, the VA was relying on the unsigned and unsworn statement of a random government bureaucrat. This bureaucrat was “testifying” to the lack of existence of any evidence that my client was exposed to the herbicide ag…
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Case Review: #17-0306, Schmoker v. Wilkie (Is Hearing Loss a VA disability even if its not compensable?)
What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: continuity of symptomatology for hearing loss} A veteran is entitled to service connection for loss of hearing if his…
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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…
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Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)
What the ‘MUCMI’ is going on with GERD? PREVIEW OF THE CASE: General Overview of the Medicine Some terms you will hear in this argument: GERD is Gastro Esophageal Reflux Disorder. GERD can often – but not always -result from a dysfu…
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Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)
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…
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Episode 004: CAVC Oral Argument - Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)
General Preview of the Case: This is a complex case involving the complex issue of “successive rating criteria”, with a lot of regulatory interpretation and factual application issues at play. There is one, and possibly more, diagnostic c…
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Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)
Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran…
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FCOA Precedent Alert: Saunders v. Wilkie, #2017-1466 (A Veteran can service connect stand-alone pain)
What is the Deep Issue in the Case? This case involves the question of whether a veteran can service connect stand alone pain as a disability for the purposes of VA disability compensation. The basic VA disability compensation statute is clear: the V…
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Case Review: #16-3564, Gerhardson v. Shulkin (Can Inadequate Opinion make Inadequate Reasons and Bases harmless error)
What is the Deep Issue in the Case? {Several issues were raised in the briefing of this case – this review focuses in on one: the CAVC harmless error rule.} When the BVA issues a remand order, the veteran or surviving spouse is entitled to subs…
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