Agency

How to Choose a Home Care Agency for Aging Seniors

[ad_1] Remaining in a familiar home environment is often the preference for aging seniors, and there is significant benefit to…

3 years ago

Agency Information Collection Activity Under OMB Review: Application for Individualized Tutorial Assistance

[ad_1] In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA),…

3 years ago

Agency Information Collection Activity Under OMB Review: 35% Exemption Request From 85/15 Reporting Requirement

[ad_1] In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA),…

3 years ago

Single Judge Application; the ultimate “lesson of our cases is that, while a pro se claimant’s ‘claim must identify the benefit sought,’ the identification need not be explicit in the claim-stating documents, but can also be found indirectly through examination of evidence to which those documents themselves point when sympathetically read.” Shea v. Wilkie, 926 F.3d 1362, 1368–69 (Fed. Cir. 2019). Here, the claim-stating documents pointed, when sympathetically viewed, to a history of symptoms of abdominal pain that yielded a diagnosis of gastritis. And that’s not all. The veteran’s gastritis was expressly linked to service by VA’s own medical examiner—in the context of an examination sought by the Agency as part of the development of Mr. Martinelli’s other claims.; The Secretary says the veteran is out of his depth in suggesting to the Court that melatonin use indicates sleep issues. But even if that were true, the veteran retorts, the Secretary forgets the Court’s ability to take judicial notice of facts generally known. See Tagupa v. McDonald, 27 Vet.App. 95, 100-01 (2014). Indeed, one need look no further than a basic medical dictionary to conclude that his in-service prescription was favorable, material evidence. Melatonin is “a hormone . . . implicated in the regulation of sleep, mood, puberty, and ovarian cycles. It has been tried therapeutically for a number of conditions, including insomnia and jet lag.” DORLAND’S ILLUSTRATED MEDICAL DICTIONARY 1110 (33d ed. 2020). The Board has a responsibility to explain why it rejects favorable, material evidence. Garner v. Tran, 33 Vet.App. 241, 250 (2021).;

[ad_1] Single Judge Application; the ultimate “lesson of our cases is that, while a pro se claimant’s ‘claim must…

3 years ago

Agency Information Collection Activity: Dependents' Application for VA Education Benefits

[ad_1] Veterans Benefits Administration, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection…

3 years ago

Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh the evidence.18 Here, we simply do not know the weight, if any, the Board gave this evidence in assigning a rating for appellant’s GERD. It is important for the Board to make such a finding in the first instance.19 We recognize that the Secretary offers several arguments about why extraschedular referral is not warranted for appellant’s GERD. However, it is ultimately not his prerogative to provide an explanation that the Board did not. As we have often said, the Secretary cannot make up for the Board’s deficient statement of reasons or bases.20; 19 See Tadlock v. McDonough, 5 F.4th 1327, 1337-38 (Fed. Cir. 2021) (“Where additional findings of fact are necessary regarding mattes open to debate, the proper action is for the Veterans Court is to remand to the Board for consideration of those facts in the first instance.”).; 20 See In re Lee, 277 F.3d 1338, 1345-46 (Fed. Cir. 2002) (“‘[C]ourts may not accept appellate counsel’s post hoc rationalization for agency action.’” (quoting Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962))); McCray v. Wilkie, 31 Vet.App. 243, 258 (2019) (“[T]he Secretary’s impermissible post-hoc rationalization cannot make up for shortcomings in the Board’s assessment.”); Simmons v. Wilkie, 30 Vet.App. 267, 277 (2018) (holding that the “Court cannot accept the Secretary’s post-hoc rationalizations” to cure the Board’s reasons-or-bases errors), aff’d, 964 F.3d 1381 (Fed. Cir. 2020); Smith v. Nicholson, 19 Vet.App. 63, 73 (2015) (“[I]t is not the task of the Secretary to rewrite the Board’s decision through his pleadings filed in this Court.”).;

[ad_1] Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh…

3 years ago

Defense Logistics Agency Supports White House Initiative With $2.78B in Testing Supplies > U.S. Department of Defense > Defense Department News

[ad_1] The Defense Logistics Agency awarded six contracts with a combined maximum value of just over $2.78 billion for…

3 years ago

Space Development Agency Transitioning to U.S. Space Force > U.S. Department of Defense > Defense Department News

[ad_1] The Space Development Agency has already started the process of transitioning from the Office of the Under Secretary…

3 years ago

Agency Information Collection Activity: Veterans Mortgage Life Insurance Change of Address Statement

[ad_1] Link to original post Veterans Benefits Administration, Department of Veterans Affairs (VA), is announcing an opportunity for public comment…

3 years ago

Aboard Commercial Rocket, Space Defense Agency Sends Up Satellites for First Time > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] The Space Development Agency — charged with building the National Defense Space Architecture — will, for the first time, put…

3 years ago
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