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Representative Cases

Court of Appeals for Veterans Claims

Client Win: 17-1825, Alvarez v. Shulkin (70 Percent PTSD Rating)

Client Win: 17-1825, Alvarez v. Shulkin (70 Percent PTSD Rating)

Client Win: 17-1825, Alvarez v. Shulkin (70 Percent PTSD Rating) (April 18, 2018) The law firm of Hill and Ponton approached Attig | Steel after the BVA judge denied their veteran a higher 70 percent PTSD rating. They had put a lot of work and energy into helping a veteran, and the BVA decision seemed to gloss ove… Read More
Client Win: 17-1078, Peregrino v. Shulkin (BVA Failed to Adjudicate Major Depressive Disorder)

Client Win: 17-1078, Peregrino v. Shulkin (BVA Failed to Adjudicate Major Depressive Disorder)

Client Win: 17-1078, Peregrino v. Shulkin (BVA Failed to Adjudicate Major Depressive Disorder) (April 6, 2018) The veteran in this case served in the Navy in support of Operation Iraqi Freedom, including deployment to Kuwait. Upon his return stateside, after attempts to reintegrate to civilian life, he began to have family and other problems.… Read More
Client Win: 17-2891, Halsey v. Shulkin (Survivors Accrued Benefits)

Client Win: 17-2891, Halsey v. Shulkin (Survivors Accrued Benefits)

Client Win: 17-2891, Halsey v. Shulkin (Survivors Accrued Benefits) (February 14, 2018) Attorney Chris Attig has been working with this veteran’s survivor for half a decade to get her DIC and survivor’s accrued benefits properly awarded.  The veteran was a 3 decade military veteran, who fought not only i… Read More
Client Win: 17-0136, Emsley v. Shulkin (higher PTSD rating).

Client Win: 17-0136, Emsley v. Shulkin (higher PTSD rating).

Client Win: 17-0136, Emsley v. Shulkin (higher PTSD rating). When this veteran sought a PTSD rating higher than 30% for his service connected mental health condition, the Board of Veterans Appeals denied a PTSD rating higher than 30%. The Court of Appeals for Veterans Claims entered an order finding that the B… Read More
Client Win: 17-0006, Jaffa v. Shulkin (BVA wrong to deny Service Connection for Sleep Apnea)

Client Win: 17-0006, Jaffa v. Shulkin (BVA wrong to deny Service Connection for Sleep Apnea)

Client Win: 17-0006, Jaffa v. Shulkin (BVA wrong to deny Service Connection for Sleep Apnea) The BVA denied a veteran service connection for  sleep apnea, and made several errors in doing so. First, it failed to consider the nexus between the veteran’s deviated septum treatment in service and his sleep apnea. Second, the BVA Veterans… Read More
Client Win: 16-2286, Walker v. McDonald (PTSD Rating Greater than 50%)

Client Win: 16-2286, Walker v. McDonald (PTSD Rating Greater than 50%)

Client Win: 16-2286, Walker v. McDonald (PTSD Rating Greater than 50%) “Symptom hunting”  is a common BVA error in a PTSD rating appeal, and we believed the BVA engaged in this practice when it denied our client anything more than a 50 percent PTSD rating.  Here’s how it happens: using the  list of… Read More
Client Win: 16-1706, Feldman v. Shulkin (BVA errs in relying on 7 year old IBS exam)

Client Win: 16-1706, Feldman v. Shulkin (BVA errs in relying on 7 year old IBS exam)

Client Win: 16-1706, Feldman v. Shulkin (BVA errs in relying on 7 year old IBS exam) This case had multiple errors in it.  One of the major errors was the BVA treatment of the client’s Irritable Bowel Syndrome (IBS). The Veteran initially had an exam in 2009 to rate his service-connectedIrritable Bowel Syndrome (IBS).  By the… Read More
Client Win: 16-1626, Wilson v. Shulkin (BVA errs in rating Central Sleep Apnea)

Client Win: 16-1626, Wilson v. Shulkin (BVA errs in rating Central Sleep Apnea)

Client Win: 16-1626, Wilson v. Shulkin (BVA errs in rating Central Sleep Apnea) Th veteran sought a higher rating for several service-connected disabilities, including central sleep apnea (CSA), chronic bronchitis, asthma, chronic obstructive pulmonary disease (COPD), and allergic bronchospasms. The Board assigned a rating of 50… Read More
Client Win: 16-1593, Wilkes v. Shulkin (BVA Mischaracterized Appeal as Claim to Reopen)

Client Win: 16-1593, Wilkes v. Shulkin (BVA Mischaracterized Appeal as Claim to Reopen)

Client Win: 16-1593, Wilkes v. Shulkin (BVA Mischaracterized Appeal as Claim to Reopen) The BVA decision in this case mischaracterized the veteran’s traditional appeal as a claim to reopen.  The BVA Judge  found that the veteran’s  service connection claim for his left ankle disorder and bilateral pes planus were not reop… Read More
Client Win: 15-4662, Glenn v. Shulkin (BVA Improperly Rated Service Connected Back Pain)

Client Win: 15-4662, Glenn v. Shulkin (BVA Improperly Rated Service Connected Back Pain)

Client Win: 15-4662, Glenn v. Shulkin (BVA Improperly Rated Service Connected Back Pain) The Board of Veterans Appeals (BVA) denied a veteran a rating higher than 20% for his service connected back pain.  In doing so, the BVA considered only the range of motion listed under the Diagnostic Code for the veteran’s back pain. However,… Read More
Client Win: 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining Medical Records)

Client Win: 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining Medical Records)

Client Win: 15-2213, Miller-Bates v. McDonald (BVA Duty to Assist in Obtaining Medical Records)   This case involves the BVA duty to assist in the context of a surviving spouse’s accrued benefits and DIC claims and appeals.  A veteran or other claimant has a right to substantial compliance with a CAVC or BVA remand order.  Stegall… Read More
Client Win: 15-2163, Allen v. McDonald (Veterans Survivor Substitution into Accrued Benefits based on CUE)

Client Win: 15-2163, Allen v. McDonald (Veterans Survivor Substitution into Accrued Benefits based on CUE)

Client Win: 15-2163, Allen v. McDonald (Veterans Survivor Substitution into Accrued Benefits based on CUE) This case involves the issue of whether a World War II veteran’s survivor can substitute into her deceased husband’s CUE Claims that pending – for nearly 2 decades – at the time of his death death. Before he died in 2010, a Wo… Read More
Client Win: 15-2018, Nemec v. McDonald (Secondary Service Connection Degenerative Disc Disease)

Client Win: 15-2018, Nemec v. McDonald (Secondary Service Connection Degenerative Disc Disease)

Client Win: 15-2018, Nemec v. McDonald (Secondary Service Connection Degenerative Disc Disease) This case involved a veteran’s entitlement to secondary service connection, on an aggravation theory, for degenerative disc disease of the lumbar spine.  The BVA is required to provide a written statement of the reasons or bases for its findi… Read More
Client Win: 15-1494, Murphy v. McDonald (BVA fails to consider Survivor's Claim of Substitution)

Client Win: 15-1494, Murphy v. McDonald (BVA fails to consider Survivor's Claim of Substitution)

Client Win: 15-1494, Murphy v. McDonald (BVA fails to consider Survivor's Claim of Substitution) This case involves a survivor’s claim of substitution into a veteran’s pending claims and appeals when the veteran passes away. At the time the BVA Veterans Law Judge issued the decision, the law required that a VA Form 21-534 for Surviv… Read More
Client Win: 15-1473, Vineyard v. McDonald (Service Connection of a Shoulder Injury)

Client Win: 15-1473, Vineyard v. McDonald (Service Connection of a Shoulder Injury)

Client Win: 15-1473, Vineyard v. McDonald (Service Connection of a Shoulder Injury) This case involves 3 errors made by the BVA Veterans Law Judge in denying service connection of a shoulder injury.  First, the Board of Veterans Appeals is required to address certain evidence favorable to a veteran. 38 U.S.C. § 7104(d)(1). The BVA… Read More
Client Win: 15-0665, Garcia v. Snyder (Service Connection of a Hip Disability)

Client Win: 15-0665, Garcia v. Snyder (Service Connection of a Hip Disability)

Client Win: 15-0665, Garcia v. Snyder (Service Connection of a Hip Disability) (December 5, 2016) This case involves a BVA denial of service connection of a hip disability. Because the  Office of General Counsel did not agree there was remandable error in regards to the BVA’s failure to grant service connection of a hip… Read More
Client Win: 16-3537, Payao v. O'Rourke (Earlier Effective Date, Reasonably Raised claim)

Client Win: 16-3537, Payao v. O'Rourke (Earlier Effective Date, Reasonably Raised claim)

Client Win: 16-3537, Payao v. O'Rourke (Earlier Effective Date, Reasonably Raised claim)   This case involves an earlier effective date argument: specifically, whether a veteran’s claim for service connection of his kidney disease was reasonably raised in an earlier claim for increased rating for gout. The appeal was fully bri… Read More

Recent Cases

(April 18, 2018) The law firm of Hill and Ponton approached Attig | Steel after the BVA judge denied their veteran a higher 70 percent PTSD rating. They had put a lot of work and energy into helping a veteran, and the BVA decision seemed to gloss ove… Read More
(April 6, 2018) The veteran in this case served in the Navy in support of Operation Iraqi Freedom, including deployment to Kuwait. Upon his return stateside, after attempts to reintegrate to civilian life, he began to have family and other problems.… Read More
(February 14, 2018) Attorney Chris Attig has been working with this veteran’s survivor for half a decade to get her DIC and survivor’s accrued benefits properly awarded.  The veteran was a 3 decade military veteran, who fought not only i… Read More

See More Appellate Results

VA Form 21 Blog

Nov
26
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. Wi… Read More
Nov
15
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 he… Read More

Read the VA Form 21 Blog