Robert Vincent Chisholm's Legal Cases (3)

Military law

Wages v. McDonald

Jan 23, 2015

OUTCOME: Court agreed the Board erred as a matter of law in assigning weight to the Director’s decision. The case was set aside and remanded.

Veteran appealed a Board of Veterans’ Appeals decision that denied his claim for entitlement to a total disability rating based on individual unemployability (TDIU) prior to December 11, 2009, to inclu ... de on an extrashedular basis. Mr. Chisholm delivered an oral argument at the CAVC, asserting the Board provided inadequate reasons or bases for its finding that the Veteran could secure and follow a substantially gainful occupation, and erred in relying on the decision of the Director, Compensation and Pension Service, as evidence.

Military law

Nohr v. McDonald

Oct 30, 2014

OUTCOME: Precedential opinion from the CAVC; vacated and remanded back to the Board

Robert Chisholm presented argument in front of a three-judge panel at the Court of Appeals for Veterans Claims on behalf of a Veteran seeking service connection for a psychiatric condition. Mr. Chisho ... lm argued that the VA examination the Veteran underwent was inadequate and that when the Veteran asked VA to provide clarification of the examiner’s opinion, VA violated the Veteran’s due process rights in rejecting his request to question the examiner at a hearing and provide the information requested of the examiner. Additionally, Mr. Chisholm argued that when an examiner’s opinion does not explain their reasoning in arriving to their opinion, claimants should have the opportunity to submit interrogatories, or question the opinion.

Military law

Ozer v. Principi

Feb 06, 2001

OUTCOME: The Court reversed the September 1997 Board decision and remanded the matter for further development

The appellant was appealing a September 1997 Board of Veterans’ Appeal decision that denied entitlement to dependents’ educational assistance (DEA). Mr. Chisholm was on brief for the National Organiza ... tion of Veterans’ Advocates (NOVA), as amicus curiae in support of the appellant’s claim.

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