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…
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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…
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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…
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What to do when you get back from a Legal Conference?
I just returned home from a multi-day legal conference: this time the Fall Conference for the National Organization for Veterans Advocates (NOVA) in Washington, D.C.
Here’s what IR…
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What the ‘MUCMI’ is going on with GERD?
PREVIEW OF THE CASE:
General Overview of the Medicine
Some terms you will hear in this argument:
GERD is Gastro Esophageal Reflux Disorder. GERD can often – but not always -result from a dysfu…
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What is the Deep Issue in the Case?
When establishing a PTSD rating, the Board of Veterans Appeals is required to “engage in a holistic analysis” of a veteran’s mental health symptoms to determine the proper disability percnetage.…
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What is the Deep Issue in the Case?
Because a medical exam opinion addresses issues of material fact, the BVA must provide a statement of the reasons or bases for its determination that is “adequate to enable a claimant to understand the pre…
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