Categories: Global Veterans News

Single Judge Application; Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19; the criteria listed by the Board are those pertaining to the 100% rating under § 4.130, not the 70% rating the Board mislabeled it as. As a result, the Board didn’t properly consider if the veteran’s PTSD was more severe than a 50% rating but less severe than a 100% rating. When the veteran specifically requests an increase in his or her rating, the Board has an obligation to explain not only why the symptoms comport with the assigned rating criteria, but also why they don’t comport with the next higher disability rating criteria. Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19.;

[ad_1]








Single Judge Application; Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19; the criteria listed by the Board are those pertaining to the 100% rating under § 4.130, not the 70% rating the Board mislabeled it as. As a result, the Board didn’t properly consider if the veteran’s PTSD was more severe than a 50% rating but less severe than a 100% rating. When the veteran specifically requests an increase in his or her rating, the Board has an obligation to explain not only why the symptoms comport with the assigned rating criteria, but also why they don’t comport with the next higher disability rating criteria. Shoemaker v. Derwinski, 3 Vet.App. 248, 253 (1992); Bankhead, 29 Vet.App. at 18-19.;


































[ad_2]

Source link

The Editor

Recent Posts

Navajo Code Talker Samuel Sandoval dies

[ad_1] FLAGSTAFF, Ariz. — Samuel Sandoval, one of the last remaining Navajo Code Talkers who…

2 years ago

#VeteranOfTheDay Marine Corps Veteran Victor “Brute” Harold Krulak

[ad_1] Marine Corps Veteran Victor “Brute” Harold Krulak is today’s Veteran of the Day. Victor…

2 years ago

Trump supporters attempt world record boat parade near Clearwater Beach

Supporters of President Donald Trump will attempt to break the record for largest boat parade…

2 years ago

Veteran honored for once-secret role in WWII ‘Ghost Army’

[ad_1] RALEIGH, N.C. — When World War II veteran George Dramis came home, he didn’t…

2 years ago

Helping a Fellow Vet with Disability Claim : Veterans

[ad_1] I'm trying to help a fellow Veteran with their disability claim. They currently have…

2 years ago