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.
Негізгі бет 10 CAVC Cases Every Veteran Should Know
Пікірлер: 36