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» 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
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Categories: Federal Circuit Oral Argument, Veterans Law Updates
Tags: 38 USC 7107(b), Barbara Thomas, Chevron deference, Circuit Judge Alan D. Lourie, Circuit Judge Pauline Newman, Circuit Judge Raymond C. Clevenger, Covington and Burling LLP, Francis M. Jackson, John Niles, Judge Coral W. Pietsch, Judge Margaret Bartley, K.L. Wallin, Ken Carpenter, Manchester NH VARO, Milo H. Hawley, Nathan P. Kirschner, Penelope E. Gronbeck, pro veteran, Procopio, Senior Judge Lawrence B. Hagel, Skidmore deference

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 VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a).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
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Categories: Federal Circuit Oral Argument, Veterans Law 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
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Categories: Veterans Law Updates
Tags: Clemons, John Berry, Judge Michael Allen, Julia A. Turner, Lincoln NE VARO, Milo H. Hawley, Perry A. Pirsch

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

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