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Single Judge Application; Bailey v. Wilkie, 33 Vet.App. 188, 204 (2021) (noting that an RO decision granting benefits could not divest the Board of jurisdiction over the initial appeal ...
Single Judge Application; Tedesco v. Wilkie; implicit bias against lay evidence; The Board’s analysis is substantially similar to the Board’s analysis in Tedesco v. Wilkie, where the Board noted ...
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 ...
Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald the Court explained that 38 C.F.R. § 4.85 does not govern ...
Single Judge Application; Board’s use of double negatives (“not shown” and “unable”); In Bowling, the Court found that the Board’s use of double negatives (“not shown” and “unable”) to ...
Single Judge Application; Wise v. Shinseki, 26 Vet.App. 517, 531 (2014); apply the correct standard of proof for determining that issue; The examiner rejected the scientific evidence because it ...
Panel Application; Mitchell v. Shinseki, 25 Vet.App. 32, 44 (2011) (holding that, for a VA joints exam to be adequate, the examiner must portray the extent of functional loss ...
Single Judge Application; “The Federal Circuit made it clear that the Board is not bound by ; Overton, 30 Vet.App. at 264 (“he Board is required to discuss any relevant ...
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 ...
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