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)
VA Law
Mere speculation in your VA C and P exam
“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
Individual Unemployability
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
6 Reasons to Keep Pursuing VA Claims and Appeals – AFTER you reach 100%
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%
4 Powerful Ways to Improve Our VA Claims – From Veterans Court decisions
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I have a firm belief that Veterans can improve their VA Claims by following 8 Steps to Improve their VA Claim A recent non-precedential opinion of the Veterans Court seemed to follow those Steps in pointing out the flaws in a BVA decision. A recent non-precedential … [Read more...]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
