Caring. Effective. Efficient.

» Veterans Law Updates

VA Form 21 Blog: Legal Updates

When I represent a veteran before the VA Regional Office or BVA, I build my client’s case based on the current law as I understand it. My Notice of Disagreement is shaped by the legal errors that the Court of Appeals for Veterans Claims (CAVC)… Read More
Read More

Precedential CAVC Alert: Quinn v. Wilkie (17-4555)

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.” When a veteran has a BVA hearing, and seeks another hearing after the BVA decision is vacated and remanded… Read More
Read More

Federal Circuit Precedent Alert: Shea v. Wilkie (scope of an informal VA claim)

WHAT IS THE DEEP ISSUE? In determining whether or not a veteran’s formal claim for one condition raised an informal VA claim for a second condition, the CAVC must ensure that the BVA liberally construes the record to determine if the vetera… Read More
Read More

PRECEDENTIAL CAVC CASE ALERT: Buffington v. Wilkie (17-4382).

What is the Deep Issue in the Case? This case involved one issue, framed in 3 ways. In this case, the veteran was receiving disability compensation from the VA when he returned to active military service. His VA benefits were automatically te… Read More
Read More

PRECEDENTIAL CAVC CASE ALERT: Martinez v. Wilkie (17-1551)(38 USC 5103A, the Duty to Assist and C&P Opinions)

What is the Deep Issue in the Case? This case had two issues: one statutory and the other constitutional. Issue#1: 38 U.S.C. §5103A(a)(1) requires the Secretary “assist a claimant in obtaining evidence to substantiate the claim.” The… Read More
Read More

How the BVA misapplies the Presumption of Soundness.

Read More

3 common errors in BVA "continuity of symptomatology" decisions.

If I could write a list of the most common errors in BVA decisions, erroneous continuity of symptomatology decisions would top the list. Read More
Read More

Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of "children" in substitution statute)

What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s depende… Read More
Read More

Does the VA Duty to Assist require giving to veterans a copy of their C&P opinions?

One of our clients’ cases, Martinez v. Wilkie, No 17-1551, was recently set for a panel decision by the US Court of Appeals for Veterans Claims (CAVC).We are not yet sure if there will be supplemental briefing or oral argument at this time. I… Read More
Read More

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 BV… Read More
Read More

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

UPDATE – January 29, 2019: Procopio Wins!  Presumption of Agent Orange Exposure extended to Blue Water Navy Veterans. Click here to read the Federal Circuit’s opinion – and stay tuned, as there is a lot to unpack in this decision,… Read More
Read More

Recent Cases

This case involves the Board’s failure to reopen a veteran’s claim for service connection despite admitting that he submitted new and material evidence.  Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (… Read More
When the BVA failed to consider all the evidence of record before finding a veteran was not exposed to asbestos in military service, the law firm of Attig | Steel was able to get the BVA decision vacated at the US Court of Appeals for Veterans Claims… Read More
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

See More Appellate Results

VA Form 21 Blog

Sep
6
If you hear the phrase, lawyers with a purpose, what is your immediate reaction? Do you roll your eyes? Yawn? Close this page and find something else to read? I’ll be honest, the first time a business coach told me that my law practice… Read More
Sep
3
The Business of Law – its not something we really think about until we need to know something about it. Every time I’ve needed to find a lawyer who can help me understand the law, argue a point in a motion or brief, or figure out the pra… Read More

Read the VA Form 21 Blog