VA Form 21 Podcast

Episodes

1. 10

   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 VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a).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 claim withdrawal in accordance with the…

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   Jul 12, 2018

   51m
2. 6

   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 the top of the stomach and bottom of the...

   Apr 27, 2018

   1h 22m
3. 5

   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 duty to consider whether any Board error was...

   Apr 25, 2018

   1h 30m
4. 4

   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, diagnostic codes for rating veterans disabilities which include what…

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   Apr 24, 2018

   1h 24m
5. 3

   Episode 003: CAVC Oral Argument: Spellers v. Wilkie, 16-4053 (April 19, 2018)

   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, a veteran may be entitled to an exam and an extraschedular...

   Apr 24, 2018

   47m
6. 2

   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 period. 38 C.F.R. 3.156(b). The VA denied the...

   Feb 15, 2018
7. 1

   PRECEDENTIAL CAVC CASE ALERT: Marcelino v. Shulkin (16-2959)(Service Connection of Obesity)

   What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review BVA decisions; however, the Court may not review the schedule of ratings for disabilities adopted under 38 USC 1155 – or any action of the Secretary in adopting or revising…

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   Jan 31, 2018