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» McKinney v McDonald 28 Vet. App. 15 (2016)

How the BVA misapplies the Presumption of Soundness.

May 15th, 2019

Tags: 38 USC 1111, Bergman and Moore law firm, BVA Decisions, clearly erroneous, Crowe v. Brown 7 Vet. App. 238 (1994), David A.F. Litvak, Horn v Shinseki 25 Vet. App. 231 (2012), inadequate reasons and bases, Judge Amanda L. Meredith, M. Tenner, McKinney v McDonald 28 Vet. App. 15 (2016), Nathan P. Kirschner, presumption of soundness, shoulder, Wagner v Principi 370 F3d 1089 (Fed Cir 2004)

Taking Point! Blog

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Hiring Experienced Appellate Attorney.

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Attig | Curran | Steel, PLLC, is a nationally recognized leader in VA claims/appeals. Our main office is in downtown Little Rock, Arkansas, with team members working remotely in multiple states. Relocation is not required. We welcome applicants from… Read More

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If you are an agent, VSO, or attorney, you have a tough decision under AMA when the BVA issues a denial of your client’s benefits. On one hand, you can file a supplemental claim. On the other, you can file an appeal to the US Court of Appeals f… Read More

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I really can’t take it anymore. I’m sure many like you feel the same way. Every time another child with a military weapon ambushes a school full of children, I am overwhelmed with emotions that have no outlet. I can’t even process w… Read More

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Recent Cases

Client Win: CAVC No. 21-4029 (BVA fails to consider earlier effective date under §3.156(c).)

This case involves the BVA’s failure to address an argument explicitly raised before it: whether a veteran is entitled to an earlier effective date under 38 C.F.R. 3.156(c) when service medical records are added to the file after the original c… Read More

Client Win: CAVC No. 21-2655, (BVA overlooked evidence of suicidal ideation in claim for an increased PTSD rating)

This case involves the BVA judge’s inadequate reasoning of a denial of a veteran’s claim for an increased rating for PTSD. The appeal was resolved through a joint motion to remand. ISSUE ON APPEAL TO THE CAVC (BVA overlooked evidence of s… Read More

Client Win: CAVC No. 21-0394, (BVA erred in denying past-due benefits in claim for an increased rating)

This case involves the BVA judge’s inadequate reasoning of his denial of a veteran’s past-due benefits in a claim for an increased rating due to an increase in the severity of the veteran’s PTSD. The appeal was resolved through a jo… Read More

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