» Milo H. Hawley

FCOA Precedent Alert: Cook v. Wilkie (Can a veteran have more than one BVA hearing?)

What is the Deep Issue in the Case? 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.” On remand from the Veterans Court, the veteran asked for a new BVA he… Read More

November 15th, 2018

Contributor: Chris Attig

Episode 010: "No, I won't give you my Debit Card PIN Number" (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)

What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effe… Read More

July 12th, 2018

Contributor: Chris Attig

Categories: Federal Circuit Oral Argument, Legal Updates

Tags: 38 C.F.R. §20.204, Alexander O. Canizares, Circuit Judge Haldane Robert Mayer, Circuit Judge Kathleen O'Malley, Circuit Judge Richard G. Taranto, DeLisio v. Shinseki 25 Vet. App. 45 (2011), Disabled American Veterans (DAV), Fla. Power & Light Co. v. Lorion 470 U.S. 729 (1985), Joshua L. Wolinsky, Judge Alan G. Lance Sr., Louisville KY VARO, McDermott Will & Emery LLP, Milo H. Hawley, Natalie A. Bennett, withdraw an appeal

Case Review: 16-3961, DeCent v. Shulkin (Scope of a Claim)

What is the Deep Issue in the Case? The scope of a claim is determined by a sympathetic assessment of the veteran’s description of the claim, the veteran’s symptoms and information submitted to or received by the VA in support of the claim… Read More

December 13th, 2017

Categories: Legal Updates

Tags: Clemons, John Berry, Judge Michael Allen, Julia A. Turner, Lincoln NE VARO, Milo H. Hawley, Perry A. Pirsch

Recent Cases

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

Client Win: 17-2891, Halsey v. Shulkin (Survivors Accrued Benefits)

Attorney Chris Attig has been working with this veteran’s survivor for half a decade to get her DIC and survivor’s accrued benefits properly awarded. The veteran was a 3 decade military veteran, who fought not only in Thailand during th… Read More

Client Win: 17-2072, Hunt v. Wilkie (BVA Credibility finding, Knee Rating)

This case involves the BVA’s rating of a veteran’s service connected knee injury and a BVA credibility finding; our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claim (CAVC). The appeal was res… Read More

See More Appellate Results

VA Form 21 Blog

Apr

Federal Circuit Precedent Alert: Sucic v. Wilkie (definition of "children" in substitution statute)

April 23rd, 2019

What is the Deep Issue in the Case? Claimants eligible to receive accrued benefits upon the veteran’s death are, in order of eligibility, the veteran’s spouse, “the veteran’s children” and the veteran’s depende… Read More

Jan

Does the VA Duty to Assist require giving to veterans a copy of their C&P opinions?

January 17th, 2019

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… Read More

Read the VA Form 21 Blog