Categories: Global Veterans News

Single Judge Application; the Board did not discuss the veteran’s contention that the RO’s request improperly described the contents of the record, constrained the August 2012 VA expert’s view of the file, and thereby essentially tainted the medical opinion; The Board is obligated to ensure that it provides appellants with fair process in the adjudication of their claims. See Smith v. Wilkie, 32 Vet.App. 332, 337 (2020) (citing Thurber v. Brown, 5 Vet.App. 119 (1993); Bernard v. Brown, 4 Vet.App. 384, 392-94 (1993)); In Smith, this Court held that the principle of fair process applies throughout the process of evidentiary development and is implicated when “the Board fails to procure a medical opinion in ‘an impartial, unbiased, and neutral manner’ when the opinion request contains a Board member’s own negative linkage opinion or otherwise suggests that an examiner should reach a predetermined conclusion.” Id. at 337-38 (citing Austin v. Brown, 6 Vet.App. 547, 551-52 (1994));

[ad_1]








Single Judge Application; the Board did not discuss the veteran’s contention that the RO’s request improperly described the contents of the record, constrained the August 2012 VA expert’s view of the file, and thereby essentially tainted the medical opinion; The Board is obligated to ensure that it provides appellants with fair process in the adjudication of their claims. See Smith v. Wilkie, 32 Vet.App. 332, 337 (2020) (citing Thurber v. Brown, 5 Vet.App. 119 (1993); Bernard v. Brown, 4 Vet.App. 384, 392-94 (1993)); In Smith, this Court held that the principle of fair process applies throughout the process of evidentiary development and is implicated when “the Board fails to procure a medical opinion in ‘an impartial, unbiased, and neutral manner’ when the opinion request contains a Board member’s own negative linkage opinion or otherwise suggests that an examiner should reach a predetermined conclusion.” Id. at 337-38 (citing Austin v. Brown, 6 Vet.App. 547, 551-52 (1994));






































[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