August

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…

3 years ago

August 29 Strike in Kabul ‘Tragic Mistake,’ Kills 10 Civilians > U.S. Department of Defense > Defense Department News

[ad_1] The strike by a Hellfire missile in Kabul, August 29, which was launched in an effort to kill ISIS-K…

3 years ago

Dolbin v. McDonough, No. 21-2890(DATED: August 26, 2021); Appeals Improvement and Modernization Act of 2017 (VAIMA); Under VAIMA, appeals in RAMP are docketed in the order that they are received on a dedicated docket. Pub. L. No. 115-55, § 4(b)(3)(B)(i)(II), 131 Stat. 1105, 1121; VAIMA makes clear that RAMP operates independently of the existing “legacy” appeals system. Pub. L. No. 115-55, § 4(b)(1), 131 Stat. at 1120 (“The Secretary of Veterans Affairs may, under subsection (a)(1), carry out a program to provide the option of an alternative appeals process”); The Act also clearly sets out a first-come, first-served docketing system for RAMP appeals; Section 4(b)(3)(B) requires the Board to “maintain fully developed appeals on a separate docket than standard appeals” and to “decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket.” Id. § 4(b)(3)(B)(i)(I)-(II), 131 Stat. at 1121;

[ad_1] Dolbin v. McDonough, No. 21-2890(DATED: August 26, 2021); Appeals Improvement and Modernization Act of 2017 (VAIMA); Under VAIMA, appeals…

3 years ago

#VeteranOfTheDay Army Air Forces Veteran August Bolino

[ad_1] Today’s #VeteranOfTheDay is Army Air Forces Veteran August Bolino, who served with the 8th Air Force in Europe during…

3 years ago

Funeral for 8 Utah Unclaimed Veterans, 21st August 2021 : Veterans

[ad_1] I received this press release today, and I wanted to share it in case anyone was near Salt Lake…

3 years ago

Austin Approves Plan to Transfer Authority, Retrograde Should be Done by End of August > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] As part of the drawdown process from Afghanistan, Secretary of Defense Lloyd J. Austin III approved a plan to…

3 years ago

15 August 1945: USS Concord Fires Last Shot of WWII – 15 August 2015 Marks the 70th Anniversary

[ad_1] Other war ships claimed to have fired the last shot of World War II, but that distinction goes to…

3 years ago