On June 17, 2021, the United States Court of Appeals for the Federal Circuit decided a case titled Arellano v. McDonough. The main question of the case was whether Mr. Arellano, who applied for benefits from the Department of Veterans Affairs (“VA”) thirty years after separation from service, can calculate disability benefits starting on the date […]
West and Dunn is celebrating five years of service. What began as two lawyers with a passion for veterans’ issues, working from a small office in Waunakee, Wisconsin, has grown to ten attorneys and fifteen staff members in four locations, providing a diverse array of legal services to veterans, businesses, and individuals. And there is more
Celebrating West and Dunn’s 5th Anniversary Read More »
In a recent decision by the United States Court of Appeals for Veterans Claims in the case of Andrews v. McDonough, the Court held that new evidence may not be introduced when a claim is in front of the Board of Veterans’ Appeals as part of their direct review docket. The Court stated that this rule applies to
Recent Decision by Veterans Court Should Make Vets Consider Appellate Decisions Read More »
In Wisconsin, various state departments, cities, towns, villages, school districts, and in some cases railroads and utilities, have the power to acquire property through condemnation. This is sometimes referred to as the power of eminent domain. Condemnation may take place without the consent of the owner of the property, provided the owner receives fair compensation
Property Owners Could Be Deprived of Their Properties Under Condemnation Procedures Read More »
For years, studies have shown an association between exposure to Agent Orange and bladder cancer, hypothyroidism, and Parkinson’s-like symptoms. Despite the evidence supporting this connection, VA has refused to propose a regulation adding these ailments to the list of conditions presumed to be associated with exposure to Agent Orange. Frustrated by VA’s failure to act, in January
Three New Conditions Added to Agent Orange Presumptive List Read More »
Many employers ask their workers to sign noncompete agreements in an effort to protect themselves from former employees. Noncompete agreements may take many forms, but most generally seek to prevent an employee from taking certain actions that would be harmful his or her former employer after employment ends. For example, the agreement may prohibit a
The Dilemma of Noncompete Agreements Read More »
On March 24, 2021, the United States Court of Appeals for the Ninth Circuit issued a decision in the case of Young v. Hawaii, upholding a Hawaiin statute placing limits on the right to carry a firearm in public. In doing so, the Ninth Circuit set up a 2nd Amendment showdown that is likely to land before the United States Supreme Court. The
Appellate Court Upholds Hawaiian Statute Limiting the Right To Carry Firearms in Public Read More »
The United States Court of Appeals for Veterans Claims recently issued a decision in Long v. Wilkie. In it, the Court answered the question of when VA must refer a veteran’s claim for disability benefits for extraschedular consideration. Extraschedular consideration is most often requested by a veteran when he or she believes that VA’s rating schedule
Should You Receive Extraschedular Consideration for Your VA Disability? Read More »
Effective February 7, 2021, the US Department of Veterans Affairs (VA) has implemented major changes to the rating schedule for musculoskeletal disabilities. Diagnostic codes have been added, others have been removed, and an attempt has been made to update medical terminology and to provide more objective rating criteria. The changes are a mixed bag for veterans. For
VA Changes the Rating Criteria for Musculoskeletal Conditions Read More »
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