April 25, 2010
The Court of Appeals for the Federal Circuit upheld a decision by the Cour of Appeals for Veterans' Claims enforcing the regulations requiring that an in-service stressor be verified for all PTSD claims. There must be "credible supporting evidence."
April 8, 2010
Recent case law as decided at the Court of Appeals for Veterans Claims gives the BVA specific guidance as to when to seek medical examinations and what should such medical opinions contain. For more information, please contact me at audrey@gloverdichter.com or 954-450-1563.
April 1, 2010
The procedures of 38 C.F.R. §3.444 for stage ratings only apply to prospective ratings reductions and not to retroactively assigned staged ratings. For more information, please contact me at audrey@gloverdichter.com or 954-450-1563.
March 15, 2010
Recently the VA announced that subsequent amendments to 38 U.S.C. § 1117 expanded the definition of a chronic disability to include certain diagnosed illnesses with inconclusive etiologies. These statutory and regulatory provisions apply to any Veteran who served in Southwest Asia, even though their establishment arose from Operations Desert Shield and Desert Storm. As such, adjudication of disability claims for certain diagnosed chronic illnesses from Veterans who served in Southwest Asia differs from procedures for other disability claims. For more information, please contact me at audrey@gloverdichter.com or 954-450-1563.
March 3, 2010
The Court held in Ortiz v. Shisenki that claimants must identify the error in the decision in his/her substantive appeal. Failure to do so prevents the document from becoming a substantive appeal. For more information, please contact me at audrey@gloverdichter.com or 954-450-1563.
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