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…
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Tags: 2017 Court of Appeals for Veterans Claims Decisions, 2019 Federal Circuit Court of Appeals, 38 CFR 3.155(a), Brent A. Bowker, Circuit Judge Jimmie V. Reyna, Circuit Judge Richard G. Taranto, Circuit Judge Timothy B. Dyk, Covington and Burling LLP, informal claims, Isaac Chaim Belfer, Judge Amanda L. Meredith, Mollie Lenore Finnan, notice of intent to file VA claim, NVLSP, Richard V. Spataro, St. Petersburg FL VARO
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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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
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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Tags: 38 USC 5103A, 38 USC 5104, 38 USC 5109, 38 USC 7109, Ashley D. Varga, due process violation, Duty to Assist, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge Joseph L. Toth, Michael Martin, Morgan & Morgan, St. Petersburg FL VARO, Stacey Clark, University of Missouri Law School Veterans Clinic
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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Tags: 2018 CAVC Oral Arguments, Anxious Lawyer, Barton F. Stichman, Caitlin S. Milo, Equal Access to Justice Act (EAJA), Headspace, Hire Slow Fire Fast, Judge Amanda L. Meredith, Judge Margaret Bartley, Judge Mary J. Schoelen, Julia A. Turner, NDSS, Next Lawyer Up, NOVA, NVLSP, Speigner v Wilkie #16-2811
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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Tags: 2018 CAVC Oral Arguments, 38 CFR 3.317, 38 USC 1117, 38 USC 1118, Alexandra Lio, Auer v. Robbins 519 U.S. 452 (1997), Catherine D. Vel, CCK, Chief Judge Robert N. Davis, Christian A. McTarnaghan, Denver CO VARO, Gastroesophageal Reflux Disorder (GERD), Gulf War Syndrome, Judge Amanda L. Meredith, Judge Michael Allen, Medically Unexplained Chronic Multisymptom Illness (MUCMI), Michelle L. Kane, podcast, presumption of service connection
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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Tags: 38 CFR 4.130, Bankhead, CCK, Disabled American Veteran (DAV), inadequate reasons and bases, J.W. Zissimos, Judge Amanda L. Meredith, Kaitlyn C. Degnan, Little Rock AR VARO, Monique A.S. Allen, ptsd, ptsd rating, rating
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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