Effective

U.S.-Provided HIMARS Effective in Ukraine > U.S. Department of Defense > Defense Department News

[ad_1] American High Mobility Artillery Rocket Systems being used in Ukraine are making an impact on the conflict there between…

2 years ago

Secretary concession SMC part of every claim for increase; The Secretary further concedes that because SMC is an issue within an increased rating claim, the Board should have considered whether the appellant filed a claim for an increased disability rating for his left eye condition earlier than January 2014 or, at a minimum, considered 38 C.F.R. § 3.400(o)(2), which allows under certain circumstances an effective date up to 1 year prior to the date of a claim for increase. Secretary’s Br. at 9.; the Secretary further concedes that, to the extent that SMC may be considered part of a claim for increased compensation, see Akles v. Derwinski, 1 Vet.App. 118, 121 (1991) (concluding that the RO “should have inferred from the veteran’s request for an increase in benefits . . . a request for [SMC] whether or not it was placed in issue by the veteran”), the Board should have addressed whether the appellant sought SMC through an increased rating claim for his left eye disability prior to January 2014 or whether 38 C.F.R. § 3.400(o)(2) applied. See Secretary’s Br. at 8-10. The Court will accept the Secretary’s concession, ;

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2 years ago

Howitzers Proving Very Effective Against Russians, DOD Official Says > U.S. Department of Defense > Defense Department News

[ad_1] The 155 mm M777 towed howitzers supplied by the U.S. and other types supplied by ally and partner nations…

2 years ago

Single Judge Application; Davis v. McDonough, 34 Vet.App. 131, 132 (2021) (“Under 38 C.F.R. § 3.156(b), when new and material evidence is submitted within the appeal period following a VA decision on a claim, the evidence must be considered in connection with that claim,” and “if VA fails to undertake that consideration, the claim remains pending until it does. Thus, when this rule is implicated, it can require the assignment of effective dates for benefits ultimately granted that are much earlier than would otherwise obtain.”);

[ad_1] Single Judge Application; Davis v. McDonough, 34 Vet.App. 131, 132 (2021) (“Under 38 C.F.R. § 3.156(b), when new…

3 years ago

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 and that, on remand, the appellant was entitled to have his appeal processed to completion thus preserving the possibility of an earlier effective date);

[ad_1] Single Judge Application; Bailey v. Wilkie, 33 Vet.App. 188, 204 (2021) (noting that an RO decision granting benefits…

3 years ago

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 the effective date for hearing loss ratings. See 27 Vet.App. at 224-25. The Court held that the effective date for hearing loss may be earlier than the date of an audiometric test that satisfies the criteria under 38 C.F.R. § 4.85, and that, “unless otherwise specifically noted in the statute or regulation, [38 U.S.C. § 5110(b)(3)] and [38 C.F.R.] § 3.400 govern the effective date for disability benefits claims.” Id. at 225. The Board noted some of Mr. Garcia’s statements about his worsening hearing loss before 2019, but the Board denied entitlement to a compensable rating before June 11, 2019, seemingly because the record did not contain any other “audiometric testing results during this portion of the appeal period which comply with 38 C.F.R. § 4.85 for rating purposes.” R. at 11.; » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald…

3 years ago

Early Effective Dates | HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Link to original post I Was Looking through my C-FILE  ..OVER 5.000.00 PAGES not to bad now that its…

3 years ago

Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to revisit the rule that “equitable tolling is inapplicable to § 5110’s effective date rules.” Arellano v. McDonough, __ F.3d. , , 2021 WL 2460647at *18 (Fed. Cir. June 17, 2021) (6-6 decision) (Chen, J, concurring) (referencing Andrews v. Principi, 351 F.3d 1134, 1137-38 (Fed. Cir. 2003));

[ad_1] Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to…

3 years ago

10 Road Blocks to Effective Internal Consulting

[ad_1] 10 Roadblocks to SuccessHow to avoid the pitfalls that can arise as you transform your internal services function to…

3 years ago

Effective Ways to Relieve Your Dog’s Fear of Loud Noises

[ad_1] You may not be affected by this yourself, but explosions, cracks, and pops may seem like the end of…

3 years ago
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