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CAVC Docket Update: Appeals Submitted for CAVC Panel Decision and Oral Argument (June 2018)

In June 2018, it appears that the Court of Appeals for Veterans Claims (CAVC) has set 1 case for Panel Decisions and 4 cases for Oral Argument and Panel Decision.  I do my best to seek out and find all cases submitted to a CAVC Panel or set for Oral… Read More
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PRECEDENTIAL CAVC CASE ALERT: Golden v. Shulkin (16-1208)(GAF Scores in PTSD Opinion)

What is the Deep Issue in the Case? Preliminary note about GAF Scores: Effective August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them… Read More
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PRECEDENTIAL CAVC CASE ALERT: Harvey v. Shulkin (16-1515)(Lawyer as Medical Expert)

What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims has laid out clear standards for determining the adequacy of a VA expert opinion in a VA disability compensation claim. Accord, e.g., Monzingo v. Shinseki, 26 Vet.App. 97 (2… Read More
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PRECEDENTIAL CAVC CASE ALERT: Foreman v. Shulkin (14-3463)(VA PTSD Effective Date)

What is the Deep Issue in the Case?  The general effective date rule says that the later of the date entitlement arose and the date of the claim for benefits is the effective date for a VA PTSD claim.  38 C.F.R. §3.400.  When a liberalizing rule… Read More
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Case Review: 16-4086, Emerson v. Shulkin (PTSD Rating)

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.… Read More
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Case Review: 16-1655, Hubert D. Bone v. Shulkin (PTSD Rating)

What is the Deep Issue in the Case? The need for adequate reasons and bases from a BVA Judge is particularly acute when the findings and conclusions pertain to the degree of disability resulting from a mental health condition. Mittleider v. West, 11… Read More
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Recent Cases

(April 18, 2018) The law firm of Hill and Ponton approached Attig | Steel after the BVA judge denied their veteran a higher 70 percent PTSD rating. They had put a lot of work and energy into helping a veteran, and the BVA decision seemed to gloss ove… Read More
(April 6, 2018) The veteran in this case served in the Navy in support of Operation Iraqi Freedom, including deployment to Kuwait. Upon his return stateside, after attempts to reintegrate to civilian life, he began to have family and other problems.… Read More
(February 14, 2018) 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 i… Read More

See More Appellate Results

VA Form 21 Blog

Nov
26
Today’s video starts off with an overview of a recent precedential decision of the U.S. Court of Appeals for Veterans Claims in the case of Moody v. Wilkie, Cause No. 16-1707. Click here to read the CAVC’s panel decision in Moody v. Wi… Read More
Nov
15
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

Read the VA Form 21 Blog