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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: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)
What is the Deep Issue in the Case? The general effective date rule says that the later of the date entitlement arose and the date of the claim for benefits is the effective date for a VA PTSD claim. 38 C.F.R. §3.400. When a liberalizing rule change…
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PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)
What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 – or an…
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Case Review: 16-3392, Edmunds v. Shulkin (Lay Evidence & VA Exam Adequacy)
What is the Deep Issue in the Case? Medical examiners are not required to discuss every piece of favorable evidence or provide reasons or bases. Monzingo v. Shinseki, 26 Vet. App. 97 (2012) The veteran testified that he had pain related to 2 current…
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Will a VA Government Shutdown affect your client's appeals?
A VA Government shutdown…what a GREAT way to start a Monday morning. Congress decided it was more important to jockey for electioneering leverage than to fund the federal government, so on January 19, 2018, most functions of the Federal Governm…
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The law firm vision: picking a single golden apple from the orchard.
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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PRECEDENTIAL FCOA CASE ALERT: Crediford v. Shulkin (16-1386)
What is the Deep Issue in the Case? Author note: Typically, I work to keep “Deep Issue” summaries below 100 words. I believe this decision is significant, and have worked to keep the Deep Issue as brief as possible while accurately portra…
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16-2259: Chavez v. Shulkin
What is the Deep Issue in the Case? A veteran has a burden to present and support a claim for benefits with facts, and not pure speculation or remote possibility. Fagan v. Shinseki, 573 F.3d 1282 (Fed. Cir. 2009) . A VA C&P Exam report must rest…
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VA RAMP (Appeals Reform) Creates 3 New "Appeal" Options. (Part 2 of 5)
This post is Part II of a 5-part series on the VA RAMP (Appeals Reform) system. Here are the topics for each of the 5 parts of the series – as they are published, links will appear to direct you to each part: Part I (Click here to Read Part I):…
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Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)
What is the Deep Issue in the Case? When establishing a PTSD rating, the Board of Veterans Appeals is required to “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage. B…
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PRECEDENTIAL CAVC CASE ALERT: King v. Shulkin (16-2959)(Extra Schedular Rating)
What is the Deep Issue in the Case? Extra-schedular consideration should be considered “where the schedular evaluations are found to be inadequate.” 38 C.F.R. § 3.321(b)(1) (emphasis added). The herring loss rating criteria are largely b…
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