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Tag: Disease

“Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10[%] and no more under [DC] 9304. This 10[%] disability rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10[%] for brain disease due to trauma under [DC] 9304 are not assignable in the absence of a diagnosis of non-psychotic [OBS] with brain trauma.” 2015 WL 5255331, at*8 (quoting 38 C.F.R. § 4.124a, DC 8045 (1988));

“Purely subjective complaints such as headache, dizziness, insomnia, etc., recognized as symptomatic of brain trauma, will be rated 10[%] and no more under [DC] 9304. This 10[%] disability rating will not be combined with any other rating for a disability due to brain trauma. Ratings in excess of 10[%] for brain disease due to trauma under [DC] 9304 are not assignable in the absence of a diagnosis of non-psychotic [OBS] with brain trauma.” 2015 WL 5255331, at*8 (quoting 38 C.F.R. § 4.124a, DC 8045 (1988));

by The Editor
October 29, 2021
0

Single Judge Application; brain trauma 1970; 38 C.F.R. § 4.124, DC 8045 (1970) (providing that “urely subjective complaints, such as headache, dizziness, insomnia, tinnitus, etc., recognized as symptomatic of ...

The examination report must include • an up-to-date, brief, medical and industrial history from the date of discharge or last examination • a record of subjective complaints • a complete description of objective findings, stated in concrete terms • a diagnosis for each described condition[] • answer(s) to any question specifically included in the examination request • opinions specifically requested in the exam request • a diagnosis or notation that a chronic disease or disability was ruled out for each disability, complaint, or symptom listed on the examination request, and • the clinical findings required by the rating schedule for the evaluation of the specific disability being claimed. (For example, if a joint is being examined, the range of motion in degrees should be noted as part of the examination. If a cardiovascular condition is being examined, the metabolic equivalent expanded before fatigue, chest pain, and so on, result should be expressed.); M21-1MR, pt. III, subpt. iv, ch. 3, sec. D(f); In response to the Court’s inquiry, counsel for the Secretary stated that this provision is intended to assist VA adjudicators in determining what constitutes a sufficient report of examination for compensation and pension purposes, but conceded that a particular VA medical record may still qualify as a “report of examination” under § 3.157(b)(1) even if it is not as detailed as required by this M21-1MR provision.;

The examination report must include • an up-to-date, brief, medical and industrial history from the date of discharge or last examination • a record of subjective complaints • a complete description of objective findings, stated in concrete terms • a diagnosis for each described condition[] • answer(s) to any question specifically included in the examination request • opinions specifically requested in the exam request • a diagnosis or notation that a chronic disease or disability was ruled out for each disability, complaint, or symptom listed on the examination request, and • the clinical findings required by the rating schedule for the evaluation of the specific disability being claimed. (For example, if a joint is being examined, the range of motion in degrees should be noted as part of the examination. If a cardiovascular condition is being examined, the metabolic equivalent expanded before fatigue, chest pain, and so on, result should be expressed.); M21-1MR, pt. III, subpt. iv, ch. 3, sec. D(f); In response to the Court’s inquiry, counsel for the Secretary stated that this provision is intended to assist VA adjudicators in determining what constitutes a sufficient report of examination for compensation and pension purposes, but conceded that a particular VA medical record may still qualify as a “report of examination” under § 3.157(b)(1) even if it is not as detailed as required by this M21-1MR provision.;

by The Editor
October 19, 2021
0

Panel Application; the Veterans Benefits Administration Adjudication Procedures Manual (M21-1MR) are intended to describe the type of VA medical record that qualifies as a “report of examination.” In particular, ...

Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it was understood at the time did not require VA to rebut the presumption of sound condition with clear and unmistakable evidence that the condition was not aggravated by service; 1970 presumption of sound condition; In 1970, VA’s implementing regulation did not require clear and unmistakable evidence of lack of aggravation by service for rebuttal. See 38 C.F.R. §3.304(b) (1970); Instead, if the presumption of sound condition applied, the burden fell on VA to rebut the presumption with clear and unmistakable evidence that an injury or disease that manifested in service preexisted service. See George, 991 F.3d at 1229-30 (noting that VA’s 1970 version of the regulation, permitting VA to rebut the presumption of soundness with only clear and unmistakable evidence that the disorder preexisted service, prevailed until 2003); 38 U.S.C. § 311 (1970) (current version § 1111); » HadIt.com For Veterans Who’ve Had It With The VA

Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it was understood at the time did not require VA to rebut the presumption of sound condition with clear and unmistakable evidence that the condition was not aggravated by service; 1970 presumption of sound condition; In 1970, VA’s implementing regulation did not require clear and unmistakable evidence of lack of aggravation by service for rebuttal. See 38 C.F.R. §3.304(b) (1970); Instead, if the presumption of sound condition applied, the burden fell on VA to rebut the presumption with clear and unmistakable evidence that an injury or disease that manifested in service preexisted service. See George, 991 F.3d at 1229-30 (noting that VA’s 1970 version of the regulation, permitting VA to rebut the presumption of soundness with only clear and unmistakable evidence that the disorder preexisted service, prevailed until 2003); 38 U.S.C. § 311 (1970) (current version § 1111); » HadIt.com For Veterans Who’ve Had It With The VA

by The Editor
September 28, 2021
0

Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it was understood at the time did not require VA to rebut ...

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