West & Dunn

Veterans Disability Claims

United States Court of Appeals for the Federal Circuit decided that Mr. Arellano, who applied for benefits thirty years after separation, can only calculate disability benefits from the date he submitted a claim (June 3, 2011), not from the separation date (1981), denying equitable tolling for an earlier effective date.

Civil Litigation

U.S. Supreme Court reversed and remanded the Eleventh U.S. Circuit Court of Appeals’ dismissal of a Federal Tort Claims Act (FTCA) suit filed by an Atlanta family against the government, stemming from a wrong-house raid in 2017, requiring re-evaluation of governmental liability.

Criminal Defense

Leevan Roundtree challenged his conviction for felon in possession of a firearm, arguing a lifetime ban for non-violent felons violates the 2nd Amendment. The Wisconsin Court of Appeals denied his appeal, and the case was appealed to the Wisconsin Supreme Court.

Veterans Disability Claims

A federal judge ordered the U.S. Department of Veterans Affairs to re-adjudicate claims for disability benefits arising from Agent Orange exposure for 'blue water navy veterans' if previously denied due to the 'boots on the ground' policy, following the 2019 Procopio v. Wilkie decision.

Veterans Disability Claims

US Court of Appeals for Veterans Claims granted the appeal of Wisconsin veteran Robert Klotter, holding that the Board of Veterans Appeals failed to provide adequate reasons for denying his claim in 1993.

Veterans Disability Claims

The United States Court of Appeals for Veterans Claims 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, denying Mr. Andrews' request to submit additional evidence.