The following case summaries are notable as case law that Mark Lippman both argued and won to establish a precedent. CLICK HERE to view additional cases recently heard by the Federal Circuit and Veterans Courts.
Federal Circuit Cases
1) Gambill v. Shinseki, 576 F.3d 1306 (Fed. Cir. 2009) (concurring, J. Moore) (due process of law affords a claimant the right to submit written questions – called “interrogatories” – to the VA’s C & P physicians to obtain information about the their qualifications and findings).
2) Robinson v. Shinseki,557 F.3d 1355 (Fed. Cir. 2009) (Court holds that, even if the veteran is represented by an attorney, the VA must adjudicate his claim in the same way as pro se claimants, sympathetically and paternalistically).
3) Barrett v. Principi (“Barrett I), 363 F.3d 1316 (Fed.Cir. 2004) (Court held that a veteran could assert mental incapacity as a basis to toll or extend the deadline to file an appeal). *Has been effectively overruled by Henderson v. Shinseki, 589 F.3d 1201 (en banc) (Fed. Cir. 2009).
4) Barrett v. Nicholson (“Barrett II), 466 F.3d 1038 (Fed.Cir. 2006) (Court held that the Secretary has a duty to obtain a medical opinion to determine whether a veteran’s alleged mental incapacity is severe enough to toll the filing period for an appeal). *Has been effectively overruled by Henderson v. Shinseki, 589 F.3d 1201 (en banc) (Fed. Cir. 2009).
5) Durr v. Nicholson, 400 F.3d 1376 (Fed.Cir. 2005) (Court held that the contents and requirements of a Notice of Appeal must be liberally construed in favor of veterans).
Veterans Court Cases
1) Hood v. Shinseki, 23 Vet.App. 295 (2009) (Court held that when the VA claims a confidential privilege in connection with some of its documents, the veteran is entitled to have the VA and ultimately the Veterans Court review these documents in private to ensure that they are protected by the asserted privilege).
2) Chotta v. Shinseki, 23 Vet.App. 73 (2009) (Court held that the VA’s duty to assist in determining the level of disability may include requiring the VA to develop medical evidence through a retrospective medical evaluation -- that is, a medical opinion which considers past periods of disability).
3) Nieves-Rodriguezv. Peake, 22 Vet.App. 295 (2008) (Court held that the probative value of a VA or private examiner’s opinion depends upon the extent and persuasiveness of his analysis of the relevant medical records, not upon his review of the veteran’s claims file).
4) Ingram v. Nicholson, 21 Vet.App. 232 (2007) (Court held, among other things, that unadjudicated claims should not be treated as claims for clear and unmistakable error (CUE). This decision makes it much easier for veterans to obtain an earlier effective date for their disability awards).
5) Stefl v. Nicholson, 21 Vet.App. 120 (2007) (Court held that, when evaluating a veteran’s disability, VA medical examiners must consider both presumptive and direct theories of service connection).
6) Roebuck v. Nicholson, 20 Vet.App. 307 (2006) (Court held that a claim is defined by the nature of the veteran’s disability, not by the theories of service-connection).
7) Coker v. Nicholson, 19 Vet.App. 439 (2006) (Court held that the VA must liberally read a veteran’s informal claim for benefits, including considering the medical records and other documents in the file).
Our Duty: Helping disabled veterans win maximum benefits for their total disability claim.
“Best decision I have ever made was calling VLG for help. Mark Lippman walked me through everything from start to finish and without his help I would still be waiting on my claim. So thankful more than words can explain. By far the best lawyers I ever talked to or used or even heard people talk about. Thank you from the bottom of my heart. You helped me more than I ever dreamed of.”
Bronson, TexasAwarded $184,235
“Were you happy with the final result in your case? "Very much so.”
Oregon City, ORAwarded $64,568
“Good communication, professional, caring, available, prompt, knowledgable, timely submissions. I was awarded 100% service-connected in a difficult area...Agent Orange and Parkinson's Disease.”
Crystal River, FloridaAwarded $221,519
“I was treated very fairly and was satisfied with the result.”
Tulsa, OklahomaAwarded $273,069
“I tried other representatives for over ten years. They never seemed to try to see my point of view, much less the truth. Mark Lippman's firm went to extremes to find the truth--they were very diligent in representing me in Court I would whole-heartedly recommend that anyone with a difficult case go to Mark Lippman.”
Fort Lauderdale, FloridaAwarded $158,738
“I believe Mr. Lippman was entitled to more compensation than he received. He treated me more than fair. He listened to me. When you're hurting and tired of fighting the system, that means a lot. Mark performed admirably, quickly and professionally. I am more than happy with the final result.”
Orlando, FL | US ArmyAwarded $39,821
“Your firm was able to bring me the justice and final closure I deserved. I was repeatedly denied and the regional office was derelict in their aid to me. Veterans Law Group restored the balance of justice, affirmatively.”
Victoria, VAAwarded $91,577
“I felt that the Veteran's Law Group took the time and gathered the needed info to support my case. They never pushed me and my case off to the side. They pushed for what was right and entitled to me for my service to this country. They were willing to listen to me and then do the needed research to support my case. They never made me feel that I was wasting mine or their time.”
Pittsburgh, PAAwarded $363,503
“More than happy with final result because of your dedication and honesty. Absolutely treated me fairly and compassionately.”
Tucson, AZ | US NavyAwarded $142,547
“I wanted to take a moment to pass along a deep sense of gratitude, not only from I, but also my daughters for the job you accomplished with my claim and the VA. I know it has been a long process and I blame that totally on the VA. At any rate you have provided me with not only a sense of security but also with a sense of doing what was right and just. Now, I do not have to choose between food and electric. It is a blessed feeling.
Your team, particularly Amanda, was always thoughtful and courteous and responded promptly to any of my requests. I am sure they had thought some strange, but they still responded. So, for that and more, a well-deserved thank you. It must be a particularly rewarding experience to help Veterans who need it and provide them with a sense of pride and honor. Pride in their nation, honor in their service.
Again Mark, I am truly grateful for your help and excellent representation. I am confident I will live out my remaining days with a little more sense of comfort. Please feel free to call on me if you would ever need a recommendation or testimonial. I would be happy to help.”
Las Vegas, NV| US NavyAwarded $310,172,10
“Mark and staff have been very helpful and kind. They gave much hope and faith, more so dignity. They to me have given the respect to me for what I would for. Love of country and family and there is hope when you have the right staff in your need. Thank you again and again.”
Johnson City, TexasAwarded $537,367
“I was happy with Mr. Lippman's representation of my case. His firm accomplished what I thought hopeless-I received my compensation.”
Sparks, NevadaAwarded $227,000
I was extremely happy with the Veterans Law Group and the manner in which they handled my case. There is no doubt in my mind that had anyone other than Mark Lippman litigated my case I would not have received the back benefits I received. Thanks to Mr. Lippman and the Veterans Law Group my life has changed. You cannot go wrong with Attorney Mark Lippman or anyone associated with his Veterans Law Group.
San Diego, CaliforniaAwarded $103,000
“Mark Lippman helped me with a 10 year appeal and within a year and a half I received back pay of over $100,000. I would never have reached a settlement without Mark Lippman's help. The VA kept me in limbo for years. Mr. Lippman's knowledge of VA procedures made them accountable. I am now receiving 100% pension for my health condition resulting from the Viet Nam War.”
Bosco, North CarolinaAwarded $226,500
“Mark Lippman let me know all the information I needed to prepare well in advance. He even covered some early expenses for the case from his own sources. Excellent lawyer and the case was settled to my satisfaction. I am very thankful to Mark Lippman and his staff for representing me in this caring, precise and realistic manner.”
Veterans Service Officer, Blinded VeteransAwarded
“Mark Lippman and I have worked together on cases before the Court of Appeals for Veterans Claims involving vision problems for several years. I have been a Service Officer for the Blinded Veterans Association for over 16 years. Mr. Lippman settled a claim I referred to him for over $500,000 -- the largest settlement I have ever known -- and he is currently seeking a Court decision in a case involving the unusual definition of 'blindness' used by the VA.”
“The Veterans Law Group was very vivid in reviewing my claim and stated strongly what the law said. I hail and approve of the way I was treated. They were easy to talk with and treated me with dignity and respect. The Veterans Law Group was precise and I regard them highly. I am very, very happy.”
Gates, NCAwarded $478,901.00
“Mr. Lippman took on my case in 1991. Stuck in there until he was satisfied with the final decision which was 100% TDIU. Thank you Mr. Lippman. Will surely recommend you to other people. Law firm always done what they say they would do. I was very satisfied with the final results of my case.”
Melbourne Beach, FloridaAwarded $152,839 and then $159,236
“I am very satisfied with your firm's representation regarding my claim against the Secretary of Veterans Affairs. The partial settlement I have received has made me feel as though I am finally coming to a closure to a very important part of my life. Thanks to Attorney Mark Lippman for handling my case.
Mr. Lippman & the Veteran's Law Group have been professional and helpful through this whole long process. Could not be any happier. The moral victory was equally as important as the financial victory. For 60+ years the VA had denied my condition was related to service.”
New JerseyAwarded $71,220
“VLG was very courteous and acted in a professional manner. I would recommend them to my friends and have already. I am happy with the final result. Received more than I expected.”
Asbury, IA| US NavyAwarded $289,746
“Veterans Law Group and Mark Lippman obtained excellent end results on my VA Claim. Thank you.”
Mt. Sterling, KentuckyAwarded $216,119
“By myself, I would not have survived this, had it not been for Counselor Lippman. We started with nothing, only my story--to the result of winning a V.A. claim. I would recommend attorney Mark Lippman to anyone.”
Mikana, WisconsinAwarded $145,224.16
“I have been trying to receive compensation since the early 70's from the V.A. for service connected disabilities. I believe without Mark Lippman's help I would still be trying to obtain was due me. I sincerely thank you, Mark and your Staff.”