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10 CAVC Cases Every Veteran Should Know
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- เผยแพร่เมื่อ 16 ส.ค. 2024
- 0:00 Introduction
1:09 What is Case Law and how does it function in the VA system?
2:14 The Court of Appeals for Veterans Claims (CAVC)
- Statutes and regulations
3:30 Gilbert v. Derwinski (1990) - tie goes to the runner
- Burden of proof (criminal, civil, and veterans law)
- “at least as likely as not”
7:16 Question: Is it a good idea to cite CAVC cases in a veteran’s disability claim?
- CAVC’s short history
10:20 Ingram v. Nicholson (2007)
- When is a VA claim considered “pending”?
- When do decisions become final?
- How long can a VA claim remain pending?
- Formal vs. informal claims
- 14:23 How do you find a pending claim?
15:37 Stefl v. Nicholson and Nieves-Rodriguez v. Peake
- What makes an adequate medical opinion?
- Do they have to provide analysis as well as a conclusion?
19:13 Does the CAVC award monetary benefits?
20:37 Practical tip: Ask for a copy of your medical opinions and a copy of the doctor’s resume or CV
21:41 Cantrell v. Shulkin
- How does VA define “protected work environment” for purposes of TDIU (VA Unemployability benefits)?
- Does VA look at the combined impact of multiple disabilities?
25:45 Emerson v. McDonald
- Reopening a VA Claim with new and material evidence
- The special case of new and material service records
- Effective dates for reopening a claim with newly available
service records
30:06 Concluding Thoughts
WATCH PART 2 HERE: • 10 CAVC Cases Every Ve...
Gilbert v. Derwinski
goo.gl/cKiqwy
Ingram v. Nicholson
goo.gl/Y6AYxo
Stefl v. Nicholson
goo.gl/LFMHfY
Nieves-Rodriguez v. Peake
goo.gl/UNYEHs
Cantrell v. Shulkin
goo.gl/iBW9ht
Emerson v. Mcdonald
goo.gl/K5X5R8
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos.
Which of these cases do you is most helpful to veterans? Are any relevant to your VA claim?
The most helpful case for me is one of Mr. Chisholm favorite regulations. The re-open claim is exactly what I think I am going through this moment.
I've been denied of this case since I first got out of service because I got put out for being a drug addict and I've been a drug addict for some ideas and I never could get this until I freed up drug addiction
Hi just signed on very professional I have migraines 50% and CCK is going for anxiety for secondary maby TDIU ALL YOU GUYS OUT THERE LET CCK HANDLE IT AND KICK BACK.
i'm a veteran an been having trouble getting bill's payed but been able to get the right info on whom to call and waiting to resolve all of this thank you
I know a man after WW2 he put in a claim & kept appealing! It was 2008 before he won.
Also the VA like to play with words and dates. I am diagnosed with PTSD, MDD with alcohol consumption since 2010 but denied depression and stress from 2006. But was diagnosed with depression in 2006 but not treatment because of the hard time the VA had assigning me to a MH doctor.
I'm responding to a SOC right now. This CC&K video is a big help!
@TR Was Here, thank you for watching! We are happy to hear you found this video helpful!
publish. Served in Korea in 64 at camp Casey and North to the DMZ on active duty to 65.
Reserve: 926 Engineer B'ham,AL. Work at fort McClellan 1966. Prostate cancer-type2 diabetes and so
Much more.
Is it practical for a Vet to have a lawyer represent them in a VA claim, but never actually spoke to any of the lawyers on the team?
I what’s denied PTSD when I got out in 2006
I was in the USS Cole when it got bombed, lost my fiancé & friends in the bombing…deployed again in 2005-our ship was docked in Jordan, got shot at with RPGs. They only awarded me 30% for anxiety/depression. When I reopen my PTSD claim, will they give me back pay from 2006?
Hello Chisholm Chisholm & Kilpatrick
I filed for a claim on neck and shoulder pain, knee pain, ulcers and depression and stress(PTSD) in 2006, a week of leaving the military. The VA awarded me neck and shoulder pain, knee pain and ulcers but denied the depression and stress claim there wasn't a stressor for the depression and stress and that I hadn't receive treatment (but was diagnosed) and I did not go to the C&P exam because I didn't get the appointment letter (something I can't prove). The case close because I didn't file an appeal because I assumed they were right. My vocational rehab couselor demanded I go to get mental health treatment in order to continue my education. Finally, I was award PTSD in 2012, but the effective date was 2010 which they claim is the first time I filed. Can the stessor, treatment and nexus be used as new and material evidence for the claim in 2006?
For more information regarding how to re-open a VA claim with new and material evidence, please check out our blog:
cck-law.com/news/reopen-va-claim-new-material-evidence/
What if you bought a franchise and you did not have to be their for 20 years till my shrink talked me into selling it saying it was my stresser. Yet six years later I still have the same problems? Note to self I have about five years worth off life because I won’t quit drinking chirosis. And now ph and copd?
I had a claim for Tenosynovitis Dequervains in 1992, I had doctor slips when I was seen but because they turn me down so many times I stop then couple years later I open up my claim again was denied so I got a lawyer then was approved but only from the year I reopen it. So my question to you shouldn't they pay me from when I was discharge because it shows I did had a disability in service and it continues to deteriorates me physically.
Until Vets come together and unit against the lack of funding from congress, we won’t be able to change VA’s systematic tactics. VA do not receive adequate funding to take care of all Vets, especially given the Conner of conflicts in the past half century, therefore they have to utilize a process of elimination. When I say unite I don’t mean utilize VSO organizations that are in bed with congress, but learn.
Regarding the case known as Cantrell v. Shulkin, Im curious as to whether my employment is (or could be) considered protected if I use FMLA for time off relating to intermittent flare ups of PTSD symptoms? I'm curious because my current situation leaves my employment almost entirely dependent on protection afforded by FMLA regarding my absenteeism. Without the protection, I would likely be terminated by my employer for excessive absenteeism. Does this qualify me for TDIU? Or should I instead continue with a normal mental health claim and hope the evidence supports a 100% rating?
I’m already 100% p&t for schizoaffective disorder. I’m currently on ED meds caused by sertraline. I was wondering about filing for SMC-K for loss of use of creative organ. It’s all in my medical records. I’m also on anti- alcohol meds and Seroquel for insomnia. I was wondering if I should consider filing for any of the aforementioned conditions. I’m petrified, because this is my only source of income and I heard of vets filing for secondary conditions and having their benefits reduced. Just wanted any of you guys opinion on any of these subjects. I follow you guys a lot of vets I know value your opinion. Thank you.
Charles English why would you mess with that rating?
Yourlife already 100% P/T I recieve SMC-K for lost of a creative organ.Its an additional 100.00 a month on top of my benefit pay. I would definitely talk with a lawyer about your situation and see if the possibility of reduction is possible and if perusing additional 100.00.
Don't understand why previous cases aren't binding to the court as they are in other types of courts. If they situation and condition is identical between 2 veterans, how is it logical that they can receive two different results from the court?
Your firm turned me down for representation What criteria must be met for this firm to take appeal(s)?
@panamacitybeachbum, in order to determine if we can assist a veteran in his or her case, we need to gather information about their VA claim and time in service. We apologize that we were not able to represent you in your case.
Does the regulation apply to secondary granted claims? I was denied for chronic mechanical back strain in 2003. The VA had my in-service treatment records showing my knee pain and they did not use them in my first rating decision. In 2021"New and material evidence" my doc wrote a nexus letter relating my knees and back that resulted in chronic mechanical back strain being granted by the VA. ref. 38 cfr 3.156c Can I claim the effective date from 2003?
Regarding Emerson versus McDonald. Could that affect secondary conditions? As in possible earlier effective dates.
38 CFR 3.156 (c) 4?
I was sent three choices, I spoke with my DAV commander, it seems no one knew anything about how to choose a lane or did not understand it, I never filled it out, and what DAV commander. Said and gave power of attorney to the DAV , which they never give me a update, Iam seeing doctors. At Loyons, and East Orange VA hospital, and now being threaten for sucide watch they told me appeals take 7 years
*MOVE IMMEDIATELY.* Move to San Antonio Texas and get into the Audie Murphy VA. Start over. Get with the Texas Veterans Commission. DAV is as useless as teats on a boar hog. They screwed me TWICE. BIG. COST ME OVER $600,000 in lost benefits. Too bad I can't send them a bill. They are so underqualified to help with VA claims you're better off asking your daughter's babysitter to help you.
@David G. Texas Veterans Commission, as stated in the comment you replied to.
The process sucks. Period. I’m in my 7th year of my appeal...
In emerson vs shulkin what if the VA did have The records but didnt look at the medical records in detail under 3.1.5.6c. In my case 4 military docs said tension headaches VA c&p doctor acknowledged the military doc but said possible cluster headaches denied me twice 2004 then 2008 fast forward to 2016 after getting my C file I see VA had all the records with the diagnosis I asked to reopen they did and VA did said mistake made in 04 but they didn't go back they gave me a reopen date of 2016. Denied appeal at regional level and Ramp pending now for Board of appeals under the RAMP process. Do I need an attorney?
@Jay DKB, thank you for reaching out to us. We would like to learn more about your situation to determine if we can help you. Please contact one of our intake specialists at 844-567-1185. There is no charge for this call. Thank you, and we look forward to speaking with you soon.
@7:25 Probably the reason why you haven't see Michael in future videos anymore. Why do you have the need to call people out. Everyone know what they suppose to do.
If the court is only 30 yrs old ...so can they hear a 40 yr old now ?
This just spurred my interest. (I didn't say Spur because I live in San Antonio... Sorry Spurs fans!😄) I filed several things in 1996 that were shot down. I filed other things in 2010 and 2011 that were shot down. I filed against in 2016 and one of the main things was approved. I know it goes by date of claim disability rating approval but *WHAT IS THE PROBLEM THAT THE VA PICKED ON ME, LIED ABOUT ME, PUT THINGS IN MY RECORDS THAT I NEVER SAID, OMITTED EVERYTHING I SAID THAT MATTERED TO THE CASE, THEY WENT IN AND FOR YEARS DELETED ANY COMMENTS MY DOCTORS PUT IN MY RECORDS TO HELP MY CASE?* I have evidence.