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» presumption of competence

Episode 007: "For Whom the Bell Tolls" (Challenging VA Medical Examiner's Competence)

In today’s episode of the VA Form 21 Podcast, I am going to teach you how to become a better advocate by challenging the VA Medical Examiner’s competence – or at least rebutting the presumption of competence in your client’s B… Read More
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Recent Cases

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
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
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

May
28
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… Read More
May
15
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