Decision Assessment DocumentSaunders v. Wilkie, Apr 3, 2018, 886 F. 3d 1356 (Fed. Cir. 2018)U.S. Court of Appeals for the Federal Circuit What the case is about: The Federal Circuit held that the Veterans Court erred as a matter of law in finding that the veteran’s pain alone, absent a specific diagnosis or otherwise identified disease or injury, cannot constitute a … [Read more...] about Saunders v. Wilkie, Apr 3, 2018, 886 F. 3d 1356 (Fed. Cir. 2018)
“It is not possible to resolve the issue of etiology [medical causation] of condition X without resort to speculation.” M21-1, Part III, Subpart iv, Chapter 3, Section D - Examination Reports III.iv.3.D.2.r. Examiner Statements that an Opinion Would be SpeculativePay careful attention to any conclusion by the examiner that an opinion could not be provided without resorting … [Read more...] about Mere speculation in your VA C and P exam
Source: TDIU or Individual Unemployability Source: Helpdesk.AskVetsFirst.org VA benefits are available to compensate a veteran at the 100% level if he or she is not able to work because of service-connected conditions even without a 100% schedular rating. This benefit is called "total disability on the basis of individual unemployability", ("TDIU"), or sometimes … [Read more...] about Individual Unemployability
Chris Attig talks to you about a question that a lot of Veterans ask him: Let’s jump right into the answer. Many Veterans perceive the 100% rating as the end of the line. The sign of victory over the Hamster Wheel. But….….is it REALLY over when you get to 100%? Well, the hard part sure is over....but I think that there are … [Read more...] about 6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%
With 10 years of representing Veterans before VA Regional Offices all around the country and the BVA, I have a firm belief that Veterans can improve their VA Claims by following 8 Steps to Improve their VA Claim A recent non-precedential opinion of the Veterans Court seemed to follow those Steps in pointing out the flaws in a BVA decision. A recent non-precedential … [Read more...] about 4 Powerful Ways to Improve Our VA Claims – From Veterans Court decisions
BVA NO. 09-48 865 Citation Nr: 1717500 Decision Date: 05/19/17 Archive Date: 06/05/17 On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, depression, and post-traumatic stress disorder (PTSD). REPRESENTATION Veteran represented … [Read more...] about BVA No 09-48865 Entitlement to service connection for an acquired psychiatric disorder, to include schizophrenia, depression, and post-traumatic stress disorder (PTSD).
Throughout FY 2016, the CAVC and the Federal Circuit issued many significant decisions that impacted the way VA adjudicates appeals, including the following: ► Correia v. McDonald, 28 Vet. App. 158 (2016): This case provides a precedent interpretation of the final sentence of 38 C.F.R. § 4.59, which reads: “The joints involved should be tested for pain on both active and … [Read more...] about Significant Judicial Precedent and Its Effect on the Board
PER CURIAM ORDERED, by the PANEL, that Mr. Rosinski's April 27, 2017, motion for aggregate action is denied. It is further ORDERED that the petition is DISMISSED. (DAVIS, PIETSCH and GREENBERG)(DAVIS, CHIEF JUIDGE, CONCURRING)(GREENBERG, JUDGE, DISSE … [Read more...] about 17-1117 Douglas J. Rosinski v. David J. Shulkin, M.D.
Opinion, by the PANEL, that the Court will AFFIRM the portions of the January 14, 2016, Board decision denying entitlement to service connection for sleep apnea, as secondary to a service-connected psychiatric disorder, and the reopening of a claim f … [Read more...] about 16-1515 Joseph Harvey, Jr. v. David J. Shulkin, M.D.
Opinion that the BVA decn is reversed and remanded. DAVIS, Chief Judge, dissenting in part (DAVIS, PIETSCH and BARTLEY) … [Read more...] about 15-3463 Frazier Foreman v. David J. Shulkin, M.D.