» Veterans Law Updates

Veterans Law 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
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Four standards of review at the Veterans Court.

When appellate courts review the decisions of lower courts – or in administrative law where a Court like the US Court of Appeals for Veterans Claims (CAVC) reviews the decisions of the BVA, an administrative tribunal – they use “sta… Read More
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Veterans Court: What constitutes loss of use of a reproductive organ for purposes of SMC?

In January 2021, the loss of use of a reproductive organ for SMC purposes was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bria v. Wilkie. The panel consisted of Judge Meredith (who wr… Read More
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Veterans Court: VA rating for prostate cancer should consider residuals.

In January 2021, the VA rating for prostate cancer was the focus of a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Bailey v. Wilkie. The panel consisted of Chief Judge Bartley (who wrote the opinion… Read More
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Veterans Court weighs in on VA Ratings for Migraines

In November 2020, a panel of judges from the U.S. Court of Appeals Veterans Claims issued a precedential opinion in Holmes v. Wilkie. In it, the Court laid out a road map for Veterans trying to get the correct VA rating for migraines. In this video,… Read More
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Lawyers with a Purpose: a path to happiness in the law.

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 needs to… Read More
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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
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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 veteran id… Read More
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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 terminated… Read More
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How to Talk to an Attorney When Seeking Representation in VA claims.

In the past decade or so, Attig | Steel has talked with thousands of veterans seeking help with their VA Claims and Court Appeals. During that time, we have reviewed all kinds of VA claims, at all stages of appeal, and communicated with Veterans and… Read More
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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 Secretary d… Read More
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