Caring. Effective. Efficient.

» 38 USC 1110

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
August 5th, 2019
Contributor: Chris Attig
Read More
Categories: Veterans Law Updates
Tags: 38 CFR 3.654, 38 USC 1110, 38 USC 501, 38 USC 5304(c), A. Jaeger, American Legion, Chevron deference, Cleveland OH VARO, Debra L. Bernal, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge William S. Greenberg, NVL, Stacy Tromble, Surplusage Canon

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
April 17th, 2018
Contributor: Chris Attig
Read More
Categories: Veterans Law Updates
Tags: 2018 Federal Circuit Court of Appeals, 38 CFR 4.1, 38 USC 1110, American Legion, Chief Judge Robert N. Davis, Circuit Judge Kathleen O'Malley, Circuit Judge Pauline Newman, Circuit Judge Timothy B. Dyk, Judge Coral W. Pietsch, Judge Mary J. Schoelen, knee, Mark E. Porada, Melanie L. Bostwick, NVLSP, Orrick Herrington & Sutcliffe, Patrick Berkshire, Roanoke VA VARO, Shereen Marcus, stand alone pain, Thomas J. Dannaher

PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)

What is the Deep Issue in the Case? The  Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 –… Read More
January 31st, 2018
Contributor: Chris Attig
Read More
Categories: Veterans Law Updates
Tags: 38 USC 1110, 38 usc 1155, 38 USC 7252, A. Jaeger, CCK, Dana N. Weiner, Disabled American Veteran (DAV), Judge Coral W. Pietsch, Judge Margaret Bartley, Judge Mary J. Schoelen, Los Angeles CA VARO, obesity, Omar Yousaf, Wanner v. Principi 370 F.3d 1124 (Fed. Cir. 2004), Zachary M. Stolz

Recent Cases

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.)
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)
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

Aug
12
Replace yourself from the ground up.
August 12th, 2019
“I can’t take a day off or a vacation. Someone has to get the work done.”  If you are a lawyer and that is the reason you are not taking a vacation, or at least a day off, then you are bailing water from a sinking ship. Working to keep… Read More
Aug
9
Cracking the Code on Lawyer Wellness.
August 9th, 2019
“To be a good lawyer, one has to be a healthy lawyer.”  So begins an August 2017 report from the National Task Force on Lawyer Well-Being. The problem with this statement, however, is that it is a false comparison. Some of… Read More

Read the VA Form 21 Blog