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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August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them… Read More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. 9… 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

This case involves the Board’s failure to reopen a veteran’s claim for service connection despite admitting that he submitted new and material evidence.  Our client appealed the BVA’s decision to the U.S. Court of Appeals for Veterans Claims (… Read More
When the BVA failed to consider all the evidence of record before finding a veteran was not exposed to asbestos in military service, the law firm of Attig | Steel was able to get the BVA decision vacated at the US Court of Appeals for Veterans Claims… Read More
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

See More Appellate Results

VA Form 21 Blog

Sep
30
Earlier this year, I tested an idea – what if a group of lawyers grabbed a virtual cup of coffee every Monday morning and chatted about their progress building a profitable law firm that prioritizes the attorney’s well being? Thos… Read More
Sep
6
If you hear the phrase, lawyers with a purpose, what is your immediate reaction? Do you roll your eyes? Yawn? Close this page and find something else to read? I’ll be honest, the first time a business coach told me that my law practice… Read More

Read the VA Form 21 Blog