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.

October 13, 2017

Event: NOVA 2017 Fall Conference

October 13, 2017/ Amy Kretkowski

Oct. 13, 2017 - St. Petersburg, FL

nova 2017 Fall Conference

ABK presentation - Analyzing a BVA Decision: Identifying Issues and Making Decisions on How to Proceed

LINK TO PROGRAM: https://vetadvocates.org/2017-fall-conference/

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

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