Precedential CAVC Alert: Quinn v. Wilkie (17-4555)
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.” When a veteran has a BVA hearing, and seeks another hearing after the BVA decision is vacated and remanded,…
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August 28th, 2019
Categories: Veterans Law Updates
Tags: 2019 CAVC Decisions, 38 USC 7107(b), BVA hearings, Cook v Wilkie ___ F3d ____ (November 13 2018), Drew Silow, Equal Access to Justice Act (EAJA), Judge Coral W. Pietsch, Judge Mary J. Schoelen, Judge Michael Allen, Ken Carpenter, M.E. Larkin, Penelope E. Gronbeck, Quinn v Wilkie ___ Vet. App. ___ (2019), St. Petersburg FL VARO, VA Office of General Counsel
It's not bad to be an Unhappy Lawyer.
“I am not happy doing what I’m doing.” I’ve had that thought several times in my life. We all have – I hope. In fact, the thought that I was unhappy doing what I was doing was the thought that led me to law school. Back in 1999, I was worki…
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August 23rd, 2019
Contributor: Chris Attig
Categories: Building a Better Law Firm
Federal Circuit Precedent Alert: Shea v. Wilkie (scope of an informal VA claim)
WHAT IS THE DEEP ISSUE? In determining whether or not a veteran’s formal claim for one condition raised an informal VA claim for a second condition, the CAVC must ensure that the BVA liberally construes the record to determine if the veteran id…
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August 21st, 2019
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 2017 Court of Appeals for Veterans Claims Decisions, 2019 Federal Circuit Court of Appeals, 38 CFR 3.155(a), Brent A. Bowker, Circuit Judge Jimmie V. Reyna, Circuit Judge Richard G. Taranto, Circuit Judge Timothy B. Dyk, Covington and Burling LLP, harvey p. roberts, informal claims, Isaac Chaim Belfer, Judge Amanda L. Meredith, Mollie Lenore Finnan, notice of intent to file VA claim, NVLSP, Richard V. Spataro, St. Petersburg FL VARO
Replace yourself from the ground up.
“I can’t take a day off or a vacation. Someone has to get the work done.” If you are a lawyer and that is the reason you are not taking a vacation, or at least a day off, then you are bailing water from a sinking ship. Working to keep from drow…
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August 12th, 2019
Contributor: Chris Attig
Lawyer Wellness in the practice of law.
“To be a good lawyer, one has to be a healthy lawyer.” So begins an August 2017 report from the National Task Force on Lawyer Well-Being. The problem with this statement, however, is that it is a false comparison. Some of the best attorne…
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August 9th, 2019
Contributor: Chris Attig
PRECEDENTIAL CAVC CASE ALERT: Buffington v. Wilkie (17-4382).
What is the Deep Issue in the Case? This case involved one issue, framed in 3 ways. In this case, the veteran was receiving disability compensation from the VA when he returned to active military service. His VA benefits were automatically terminated…
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August 5th, 2019
Contributor: Chris Attig
How to Talk to an Attorney When Seeking Representation in VA claims.
In the past decade or so, Attig | Steel has talked with thousands of veterans seeking help with their VA Claims and Court Appeals. During that time, we have reviewed all kinds of VA claims, at all stages of appeal, and communicated with Veterans and…
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August 1st, 2019
Contributor: Jennifer Steel
Tags: hiring an attorney
