Caring. Effective. Efficient.

Representative Cases

Court of Appeals for Veterans Claims

Client Win: 18-3681 Melenchick v. Wilkie (Clear & Unmistakeable Error - CUE)

Client Win: 18-3681 Melenchick v. Wilkie (Clear & Unmistakeable Error - CUE)

Client Win: 18-3681 Melenchick v. Wilkie (Clear & Unmistakeable Error - CUE) This case involves the BVA’s dismissal of a veteran’s claim for an earlier effective date for his service-connected post-traumatic stress disorder (PTSD) based on clear and unmistakeable error. Our client appealed the Board’s decision to th… Read More
Client Win: #18-0000 - Veteran v. Wilkie: (VA rating for Suicidal Ideation, reasonably raised issue of TDIU.)

Client Win: #18-0000 - Veteran v. Wilkie: (VA rating for Suicidal Ideation, reasonably raised issue of TDIU.)

Client Win: #18-0000 - Veteran v. Wilkie: (VA rating for Suicidal Ideation, reasonably raised issue of TDIU.) The cause number of this appeal, and the veteran’s name, have been withheld to protect the veteran’s privacy. In this case, the BVA denied an increased rating of 70% to a veteran for his service-connected PTSD. The BVA also found the vete… Read More
Client Win: #17-3247, Goodman v. Wilkie (Service connection for arthritis, continuity of symptomatology)

Client Win: #17-3247, Goodman v. Wilkie (Service connection for arthritis, continuity of symptomatology)

Client Win: #17-3247, Goodman v. Wilkie (Service connection for arthritis, continuity of symptomatology) This case involves a veteran’s appeal to the BVA seeking service connection for arthritis.  The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a… 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) 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 in Thailand during th… Read More
Client Win: 17-2072, Hunt v. Wilkie (BVA Credibility finding, Knee Rating)

Client Win: 17-2072, Hunt v. Wilkie (BVA Credibility finding, Knee Rating)

Client Win: 17-2072, Hunt v. Wilkie (BVA Credibility finding, Knee Rating)   This case involves the BVA’s rating of a veteran’s service connected knee injury and a BVA credibility finding; our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claim (CAVC). The appeal was res… Read More
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) 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 over their thorough… 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) 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. He was diagnosed… 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: 16-3537, 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
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: 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: 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: 15-2213, 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

Recent Cases

This case involves the BVA’s dismissal of a veteran’s claim for an earlier effective date for his service-connected post-traumatic stress disorder (PTSD) based on clear and unmistakeable error. Our client appealed the Board’s decision to th… Read More
The cause number of this appeal, and the veteran’s name, have been withheld to protect the veteran’s privacy. In this case, the BVA denied an increased rating of 70% to a veteran for his service-connected PTSD. The BVA also found the vete… Read More
This case involves a veteran’s appeal to the BVA seeking service connection for arthritis.  The veteran served in the US Air Force from 2005 to 2006. He injured his knee and other parts of his body when required to move heavy appliances into a… Read More

See More Appellate Results

VA Form 21 Blog

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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 th… Read More

Read the VA Form 21 Blog