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,
Episode 010: “No, I won’t give you my Debit Card PIN Number” (FCOA Precedent: Acree, #17-1749, Legal standard to withdraw an appeal orally at BVA)
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 VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a).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 clai...
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.
Episode 008: Get your chocolate bar out of my peanut butter! (The role of intent in determining the scope of a VA Claim)
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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.
Episode 006: CAVC Oral Argument: Atencio v. Wilkie, 16-1561 (April 26, 2018)(Gulf War Syndrome presumptions and GERD)
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 th...
Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)
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 du...
Episode 004: CAVC Oral Argument – Johnson v. Wilkie, #16-3808 (April 24, 2018) Successive Rating Criteria for Migraines)
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,
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,
Episode 002: PRECEDENTIAL CAVC CASE ALERT: Turner v. Shulkin (16-1171)(Receipt of New and Material Evidence)
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 peri...