Caring. Effective. Efficient.

» Legal Updates

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 he… Read More
Read More

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 h… Read More
Read More

Episode 011: Procopio, Procopio, Wherefore Art The Pro Veterans Canon?

  December 7, 1941: A day that will live in infamy – that day, Pearl Harbor was attacked, and American entry into World War II became a guarantee.  December 7, 2018: Another day that may live in infamy, although many Veterans are complet… Read More
Read More

CAVC Docket Update: Appeals Submitted for CAVC Panel Decision and Oral Argument (June 2018)

In June 2018, it appears that the Court of Appeals for Veterans Claims (CAVC) has set 1 case for Panel Decisions and 4 cases for Oral Argument and Panel Decision.  I do my best to seek out and find all cases submitted to a CAVC Panel or set for Oral… Read More
Read More

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 VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a).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 effe… Read More
Read More

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… Read More
Read More

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: t… Read More
Read More

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… Read More
Read More

PRECEDENTIAL FCOA CASE ALERT: Bly v. Shulkin (17-1287)(EAJA petition deadline at CAVC)

What is the Deep Issue in the Case? This case involves the deadline to file an EAJA Petition at the CAVC. The Equal Access to Justice Act (“EAJA”) requires applications for attorney fees must be filed within 30 days of a court’s fin… Read More
Read More

Case Review: 17-0304, Burgess v. Shulkin (Federal appellate court commands professional work product)

What is the Deep Issue in the Case? Very generally stated, the VA has a duty to notify the veteran of the elements of his claim for service connection and the evidence that might prove those elements. 38 USC 5103(a). The VA repeatedly denied service… Read More
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