Categories: Global Veterans News

the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim.” Clemons, 23 Vet.App. at 5. “[T]he claimant’s intent in filing a claim is paramount to construing its breadth.” Id. To effectuate that intent, “VA shall afford lenity to a veteran’s filings that fail to enumerate precisely the disabilities included within the bounds of a claim,” which “is best accomplished by looking to the veteran’s reasonable expectations in filing the claim and the evidence developed in processing that claim.” Murphy, 983 F.3d at 1318. “[T]he fact that the [claimant] may be wrong about the nature of his [or her] condition does not relieve the Secretary of his duty to properly adjudicate the claim.” Clemons, 23 Vet.App. at 6.; » HadIt.com For Veterans Who’ve Had It With The VA

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Panel Application; Clemons; Murphy v. Wilkie Like the veteran in Clemons, Mr. Grimes “did not file a claim to receive benefits only for a particular diagnosis, but for the affliction his . . . condition . . . causes him”—in this case, hearing problems that included hyperacusis. 23 Vet.App. at 5.; Generally, “when a veteran has two diagnoses with separate factual bases, these diagnoses should be treated as two separate claims.” Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (citing Boggs, 520 F.3d at 1336; see Ephraim, 82 F.3d at 401-02). However, a claim for service connection may be expanded beyond a veteran’s lay description of a disability to include anydisability “that may reasonably be encompassed by several factors including: the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim.” Clemons, 23 Vet.App. at 5. “[T]he claimant’s intent in filing a claim is paramount to construing its breadth.” Id. To effectuate that intent, “VA shall afford lenity to a veteran’s filings that fail to enumerate precisely the disabilities included within the bounds of a claim,” which “is best accomplished by looking to the veteran’s reasonable expectations in filing the claim and the evidence developed in processing that claim.” Murphy, 983 F.3d at 1318. “[T]he fact that the [claimant] may be wrong about the nature of his [or her] condition does not relieve the Secretary of his duty to properly adjudicate the claim.” Clemons, 23 Vet.App. at 6.; » HadIt.com For Veterans Who’ve Had It With The VA


































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