Blog| Veterans Law Office of Amy B. Kretkowski

News and Summaries of Veterans (VA) Benefits Law Cases provided by Veterans Law Office of Amy B. Kretkowski.

February 07, 2019

Gumpenberger: Fee on recouped debt; 38 U.S.C. § 5904(d)(1)

February 07, 2019/ Amy Kretkowski

Gumpenberger v. Wilkie, 31 Vet.App, 33 (Feb. 7, 2019)

HELD: In representing a veteran in an appeal challenging a debt owed to VA, the representative is only entitled to a fee based on the amount of the invalidated debt that was actually recouped – not on the entire amount of the invalidated debt.

FULL DECISION

Veterans Law Office of Amy B. Kretkowski

Veterans Law Office of Amy B. Kretkowski exclusively represents veterans and their survivors in their VA appeals for service-connected disability compensation benefits, Dependency and Indemnity Compensation, and pension benefits.

links to Case Summaries and News by month

October 2022
- Oct 5, 2022 Bonds: Any formal claim for one benefit can raise an informal claim for another (applies to claims filed before Mar. 24, 2015)
September 2022
- Sep 20, 2022 NOVA: Pre-2021 version of DC 5055 applies to partial knee replacements
- Sep 8, 2022 Skaar: Only claimants who have appealed a Board decision or are still able to can be part of a proposed class
July 2022
- Jul 11, 2022 Stover: Board must define terms in order for the Court to review its decisions
June 2022
- Jun 29, 2022 Long: Secondary service connection and extraschedular evaluations do not require a showing of direct causation
- Jun 28, 2022 Bowling: VA's definition of insanity for character-of-discharge purposes is not unconstitutionally vague
- Jun 21, 2022 Frantzis: There is no statutory right to have the same Board member who presided over a hearing decide the appeal
- Jun 15, 2022 George: VA's erroneous interpretation of a statute is not CUE
- Jun 13, 2022 Cowan: Notice under the AMA can be in the letter, the decision, enclosures, or some combination.
- Jun 9, 2022 Walleman: Separate ratings for knees under pre-2021 versions of DC 5259 and 5257 are allowed
May 2022
- May 2, 2022 Aviles-Rivera: NAS Updates are evidence subject to AMA evidentiary limits
April 2022
- Apr 11, 2022 Rivera-Colon: Board's failure to define "symptoms" frustrates judicial review
March 2022
- Mar 30, 2022 Slaughter: CAVC's prejudicial error analysis was too rigid; "combined nerve injuries" refers to service-connected nerves only
- Mar 15, 2022 Martinez-Bodon: Formal DSM-5 diagnosis required in order to be compensated for mental health disability
- Mar 3, 2022 Gumpenberger: Appeal for TDIU doesn't necessarily include appeal for higher rating
November 2021
- Nov 30, 2021 More Iowa Law News...
- Nov 11, 2021 Iowa Law News
- Nov 4, 2021 The Veterans Consortium Pro Bono Program Mission Partner Awards 2021
October 2021
- Oct 29, 2021 Event: 2021 Mizzou Veterans Clinic Symposium
April 2021
- Apr 20, 2021 Stern: Reversal is appropriate when Board's analysis of rating reduction is not complete.
March 2021
- Mar 8, 2021 Hatfield: Informed consent, 38 U.S.C. § 1151
October 2020
- Oct 26, 2020 Bryant: Fair process in legacy appeals at the Board
August 2020
- Aug 21, 2020 Burkhart: Recipient of DIC based on service connection under 38 U.S.C. § 1151 is not entitled to home loan guaranty benefits
- Aug 19, 2020 Lang: VA medical records generated within one year of decision are "constructively" in VA's possession and render that decision nonfinal
- Aug 12, 2020 Kisor: To be "relevant," under 38 C.F.R. § 3.156(c)(1), a record must relate to a disputed issue
- Aug 11, 2020 Martinez-Bodon: In order to be a "disability" for VA benefits purposes, a mental health condition must have a DSM-5 diagnosis
April 2020
- Apr 27, 2020 Smith: Board must notify claimant when it reverses its prior favorable credibility determination
March 2020
- Mar 26, 2020 George: 38 C.F.R. § 3.156(c) in the context of CUE
- Mar 26, 2020 Webb: Can a veteran get disability compensation for mental health symptoms absent a diagnosis that conforms with the DSM?
February 2020
- Feb 24, 2020 Walsh: Obesity as "intermediate step"
- Feb 5, 2020 Langdon: Rating thoracic/lumbar spine conditions
January 2020
- Jan 16, 2020 Miller: Appropriate remedy when examiner fails to address lay evidence & Board does not make credibility determination
- Jan 11, 2020 CONTEST: The 2020 Jeff Sharlet Memorial Award for Veterans
- Jan 6, 2020 Shealey: EAJA, discharged attorneys
September 2019
- Sep 12, 2019 EVENT: NOVA 2019 Fall Conference
July 2019
- Jul 1, 2019 VA Secretary Wilkie Stays Proceedings on Blue Water Navy Claims ... and more
June 2019
- Jun 26, 2019 Blue Water Navy Vietnam Veterans Act of 2019
- Jun 6, 2019 Crumlich: Presumption of mailing SOC rebutted
April 2019
- Apr 12, 2019 Event: CAVC 14th Judicial Conference
March 2019
- Mar 21, 2019 Event: NOVA 2019 Spring Conference
- Mar 13, 2019 Jones: VA's duty to obtain VA medical records
- Mar 11, 2019 Young: VA can revise decision based on CUE while appeal is pending
- Mar 7, 2019 James: Equitable Tolling; Extraordinary Circumstances
February 2019
- Feb 28, 2019 Speigner: EAJA rate is based on teleworking attorney's residence
- Feb 7, 2019 Gumpenberger: Fee on recouped debt; 38 U.S.C. § 5904(d)(1)
- Feb 1, 2019 Skaar: Limited remand; class action certification
January 2019
- Jan 29, 2019 Procopio: Blue Water Navy Veterans Entitled to 38 U.S.C. § 1116 Presumption
- Jan 24, 2019 Rosinski: Attorney challenges VA policy re: access to draft rating decisions
- Jan 17, 2019 Demery: Notice of Appeal Filed After Veteran's Death
- Jan 4, 2019 George: Presumption of Soundness, CUE, Retroactivity
- Jan 3, 2019 Burkhart: DIC, 38 U.S.C. § 1151, & VA home loan guaranty
December 2018
- Dec 10, 2018 Kisor: Supreme Court grants certiorari
- Dec 6, 2018 Harper: TDIU is "part and parcel" of underlying claim
November 2018
- Nov 9, 2018 Event: 2018 Mizzou Veterans Clinic Symposium
October 2018
- Oct 3, 2018 Event: 2018 TVC Pro Bono Mission Partner Awards Reception
September 2018
- Sep 19, 2018 Overton: M21-1 definition of "inland waterways" is not binding on the Board
June 2018
- Jun 7, 2018 Martin: Petition for writ of mandamus; TRAC standard
- Jun 4, 2018 Acree: Withdrawal of appeal during Board hearing
- Jun 1, 2018 Lopez: Equitable tolling
May 2018
- May 31, 2018 Robinson: EAJA, prevailing party
- May 16, 2018 Blue: EAJA, prevailing party status
- May 4, 2018 O'Brien: Dependency, Legal Guardianship
- May 2, 2018 Burris: Education benefits, equitable relief
April 2018
- Apr 3, 2018 Saunders: Pain is a disability subject to compensation
March 2018
- Mar 15, 2018 Event: NOVA 2018 Spring Conference
- Mar 12, 2018 Porriello: CUE, res judicata
- Mar 6, 2018 Zeglin: Medication copayment reimbursement
- Mar 2, 2018 Bly: EAJA, timeliness
February 2018
- Feb 23, 2018 Golden: GAF scores, rating psychiatric conditions
- Feb 8, 2018 Turner: 38 C.F.R. § 3.156(b), "constructively" received VA medical records
- Feb 7, 2018 Harvey: Attorney serving as expert witness
- Feb 5, 2018 George: 38 C.F.R. § 3.156(c) & CUE
January 2018
- Jan 31, 2018 Kisor: Petition for panel, en banc rehearing denied
- Jan 26, 2018 Rosinski: Standing to Challenge VA Policy Re: Access to Preliminary Decisions
- Jan 23, 2018 Marcelino: Obesity is not a "disease" for VA compensation purposes
- Jan 22, 2018 Foreman: Amendment to 38 C.F.R. § 3.304(f) is not a liberalizing law for effective date purposes
December 2017
- Dec 21, 2017 King: Existence of higher schedular rating is irrelevant to extraschedular analysis
- Dec 18, 2017 Crediford: Service department findings (i.e., willful misconduct, LOD determinations) are binding on VA
- Dec 14, 2017 Ebanks: Unreasonable delay; petition mooted
- Dec 13, 2017 Rossy: Extraschedular consideration for hearing loss not warranted
- Dec 12, 2017 Browder: Fiduciary, allegations of misuse of funds
November 2017
- Nov 30, 2017 Frost: Secondary service connection
- Nov 29, 2017 Lyles: Rating knee disabilities
- Nov 16, 2017 Gray: FC cannot review M21-1 revision to "inland waterways" definition
- Nov 5, 2017 Event: 2017 Veterans Clinic Symposium - Burn pits
October 2017
- Oct 30, 2017 James: NO EQUITABLE TOLLING FOR NOTICE OF APPEAL PLACED IN MAILBOX, BUT NOT PICKED UP ON TIME
- Oct 27, 2017 Mead: NO EQUITABLE TOLLING FOR LATE EAJA APPLICATION
- Oct 26, 2017 Sucic: TO SUBSTITUTE, AN ELIGIBLE CHILD MUST MEET VA’S DEFINITION OF “CHILD” AT THE TIME OF THE VETERAN’S DEATH
- Oct 13, 2017 Event: NOVA 2017 Fall Conference
September 2017
- Sep 18, 2017 Urban: RATING CO-EXISTING RESPIRATORY CONDITIONS, 38 C.F.R. § 4.96
- Sep 18, 2017 Goodman: 38 C.F.R. § 3.317; MEDICALLY UNEXPLAINED MULTI-SYMPTOM ILLNESS
- Sep 12, 2017 Jensen: SPECIALLY ADAPTED HOUSING (SAH)
- Sep 7, 2017 Kisor: 38 C.F.R. § 3.156(c), EARLIER EFFECTIVE DATE
- Sep 6, 2017 Sharp: VA IS NOT REQUIRED TO OBTAIN AN EXAM DURING A “FLARE-UP” IN ALL CASES, BUT EXAMINERS MUST ESTIMATE FUNCTIONAL LOSS DURING A FLARE BASED ON OTHER EVIDENCE, INCLUDING LAY STATEMENTS
August 2017
- Aug 31, 2017 Patricio: MARITAL STATUS FOR DIC INVOLVING MULTIPLE JURISDICTIONS
- Aug 22, 2017 Gazelle: SPECIAL MONTHLY COMPENSATION; COMBINED RATINGS
- Aug 9, 2017 Garcia: CLAIMANT MUST RAISE ALL CUE ARGUMENTS RELATED TO CLAIM DECIDED BY BOARD IN THE INITIAL CUE MOTION
July 2017
- Jul 19, 2017 Manzanares: INCREASED-RATING CLAIM DOES NOT AUTOMATICALLY INCLUDE SECONDARY CONDITION(S) FOR EFFECTIVE DATE PURPOSES
- Jul 14, 2017 Johnson: RATING SKIN CONDITIONS, TOPICAL V. SYSTEMIC THERAPY
June 2017
- Jun 26, 2017 Mathis: PRESUMPTION OF VA MEDICAL EXAMINER'S COMPETENCE
- Jun 14, 2017 DAV: PETITION TO REVIEW M21-1 PROVISION DISMISSED
- Jun 8, 2017 Snyder: DISPUTED ATTORNEY FEE RECOVERABLE AFTER VETERAN'S DEATH
- Jun 1, 2017 Molitor: DUTY TO OBTAIN ANOTHER’S RECORDS TO CORROBORATE ASSAULT; CREDIBILITY; EVIDENCE OF BEHAVIOR CHANGES
May 2017
- May 26, 2017 Ollis: 38 U.S.C. § 1151, REFERRAL FOR NON-VA TREATMENT
April 2017
- Apr 26, 2017 Monk: CAVC’S CLASS ACTION AUTHORITY
- Apr 19, 2017 Eicher: POST-9/11 GI BILL EDUCATION BENEFITS
- Apr 18, 2017 Cantrell: TDIU, EMPLOYMENT "IN A PROTECTED ENVIRONMENT"
March 2017
- Mar 27, 2017 Bankhead: RATING MENTAL HEALTH CONDITIONS, SUICIDAL IDEATION
- Mar 13, 2017 Parrott: EAJA - LOCAL V. NATIONAL CPI
- Mar 6, 2017 Miller: RATING WHOLLY SENSORY CONDITIONS
- Mar 6, 2017 Doucette: RATING HEARING LOSS
January 2017
- Jan 31, 2017 Cook: ADDITIONAL BOARD HEARING FOLLOWING COURT REMAND
- Jan 25, 2017 Kays: CREDIBLE SUPPORTING EVIDENCE, 38 C.F.R. § 3.304(f)
- Jan 5, 2017 Vilfranc: RATING TMJ
- Jan 2, 2017 2016 VETERANS LAW HOLDINGS
December 2016
- Dec 15, 2016 Southall-Norman: RATING MUSCULOSKELETAL DISABILITIES; 38 C.F.R. § 4.59
November 2016
- Nov 9, 2016 McCarroll: DISABILITY RATING, HYPERTENSION
- Nov 8, 2016 Cox: AFGHANISTAN VETERANS NOT ENTITLED TO PERSIAN GULF PRESUMPTIONS
October 2016
- Oct 28, 2016 Green: REMOTE VBMS ACCESS
- Oct 14, 2016 Mathews: REASONS OR BASES; COMPLIANCE WITH PRIOR REMAND
- Oct 7, 2016 Hill: ACDUTRA & AGGRAVATION
- Oct 7, 2016 Bly: EAJA & EQUITABLE TOLLING
September 2016
- Sep 30, 2016 PARALEGAL ACCESS TO VBMS
- Sep 14, 2016 WITHDRAWAL OF NOTICE OF DISAGREEMENT VIA TELEPHONE IS INVALID
- Sep 9, 2016 EQUITABLE TOLLING
August 2016
- Aug 26, 2016 VETERAN CANNOT APPEAL DENIAL OF SPOUSE’S CLAIM FOR CHAMPVA BENEFITS
- Aug 19, 2016 FED CIRCUIT DECLINES TO REVIEW PRESUMPTION OF COMPETENCY OF VA EXAMINERS
- Aug 11, 2016 ONLY DoD CAN REVISE EFFECTIVE DATES FOR EDUCATION BENEFITS
- Aug 10, 2016 38 C.F.R. § 3.156(c)(1) REQUIRES RECONSIDERATION EVEN IF VA HAS ALREADY GRANTED SERVICE CONNECTION
July 2016
- Jul 14, 2016 RIGHT TO REVIEW PAPER RECORDS
- Jul 11, 2016 THAILAND, AGENT ORANGE
- Jul 5, 2016 RANGE-OF-MOTION TESTING REQUIREMENTS
June 2016
- Jun 10, 2016 MISLEADING NOTICE VIOLATES DUE PROCESS
- Jun 10, 2016 CHAMPVA, 38 U.S.C. § 1781
- Jun 3, 2016 EQUAL ACCESS TO JUSTICE ACT (EAJA)
May 2016
- May 31, 2016 TDIU, "MARGINAL EMPLOYMENT"
- May 18, 2016 PARTIAL & TOTAL KNEE REPLACEMENT
- May 17, 2016 EQUITABLE TOLLING
- May 10, 2016 "SYSTEMIC THERAPY" DEFINED
April 2016
- Apr 22, 2016 NO ATTORNEY ABANDONMENT ABSENT REPRESENTATION AGREEMENT
- Apr 8, 2016 REIMBURSEMENT OF EMERGENCY MEDICAL COSTS
- Apr 7, 2016 STANDARD FORMS
- Apr 7, 2016 ENTITLEMENT TO EAJA FEES
March 2016
- Mar 11, 2016 McKinney: HEARING LOSS, PRESUMPTION OF SOUNDNESS
- Mar 9, 2016 Dixon: CAVC CANNOT DISMISS UNTIMELY APPEAL WHEN SECRETARY WAIVES TIMELINESS DEFENSE
- Mar 8, 2016 Sullivan: DUTY TO OBTAIN VA MEDICAL RECORDS
- Mar 8, 2016 Thompson: RATING FUNCTIONAL LOSS DUE TO PAIN ON MOTION
- Mar 3, 2016 Hime: CLEAR & UNMISTAKABLE ERROR (CUE)
- Mar 3, 2016 SWAN: PETITION FOR RULEMAKING RE: PTSD/MST DENIED
- Mar 1, 2016 Johnson: "SYSTEMIC THERAPY" INCLUDES TOPICAL CORTICOSTEROIDS
- Mar 1, 2016 Bozeman: ISSUE EXHAUSTION CANNOT BAR CITATION TO EVIDENCE THAT SUPPORTS LEGAL ARGUMENT
- Mar 1, 2016 Dickens: ISSUE EXHAUSTION, DUTY TO ASSIST
February 2016
- Feb 26, 2016 Yancy: EXTRASCHEDULAR; COMBINED EFFECT OF MULTIPLE DISABILITIES
- Feb 12, 2016 Sowers: MINIMUM COMPENSABLE RATING FOR PAINFUL JOINT
- Feb 2, 2016 Gazelle: SPECIAL MONTHLY COMPENSATION; COMBINED RATINGS
January 2016
- Jan 7, 2016 Cogburn: IMPLICIT DENIAL RULE

The information contained on this website is for informational purposes only and does not constitute legal advice.
Use of this website, including the form on the Contact page, does not create a contract or an attorney-client relationship.