VA Form 21 Podcast

UPDATE – January 29, 2019: Procopio Wins!  Presumption of Agent Orange Exposure extended to Blue Water Navy Veterans. Click here to read the Federal Circuit’s opinion – and stay tuned, as there is a lot to unpack in this decision, and we will pull it apart over the next few days and weeks.  ****************   […]

What is the Deep Issue in the Case? VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effective claim withdrawal in accordance with the regulation only where it […]

In a recent court appeal, the VA was relying on the unsigned and unsworn statement of a random government bureaucrat. This bureaucrat was “testifying” to the lack of existence of any evidence that my client was exposed to the herbicide agent orange. The statement provided no legal foundation: no identification who the bureaucrat was, the […]

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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 BVA appeals. If you are getting value from the VA Form 21 Blog and Podcast, […]

What the ‘MUCMI’ is going on with GERD? PREVIEW OF THE CASE: General Overview of the Medicine Some terms you will hear in this argument: GERD is Gastro Esophageal Reflux Disorder. GERD can often – but not always -result from a dysfunctional valve at the top of the stomach and bottom of the esophagus. Stomach […]

General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it “…has a statutory duty to consider whether any Board error was prejudicial. 38 U.S.C. § […]

General Preview of the Case: This is a complex case involving the complex issue of “successive rating criteria”, with a lot of regulatory interpretation and factual application issues at play.  There is one, and possibly more, diagnostic codes for rating veterans disabilities which include what are called “successive rating criteria”.  Camacho v. Nicholson, 21 Vet.App. 360 (2007). […]

Issue for Oral Argument: General Overview of the Law When a veteran’s disability does not meet the requirements for the next higher schedular rating, but the evidence indicates his or her disability is more severe than the current rating, a veteran may be entitled to an exam and an extraschedular rating under 38 C.F.R. § […]

What is the Deep Issue in the Case? New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as  filed in connection with the claim which was pending at the beginning of the appeal period. 38 C.F.R. 3.156(b). The VA denied the veteran’s claim to […]

What is the Deep Issue in the Case? The  Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 – or any action of the Secretary in adopting or revising that schedule. 38 U.S.C. §7252(a)(b).   The […]