Ensure

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

Single Judge Application; English, 30 Vet.App. at 352-53; the Board must explain what it understands the terms “slight” and “moderate” in DC 5257 to mean so that appellant will understand why he was evaluated as he was, and the Court can review the Board’s decision; the Board focused on “objective evidence” in the VA medical opinions to support its conclusion that appellant’s instability was only “slight.”35 We can’t tell whether the Board faithfully applied English v. Wilkie or merely recited its holding concerning the lack of a requirement of objective evidence. On remand, the Board must ensure that it does not inappropriately downgrade evidence of instability merely because it is subjective. We stress again that it is inappropriate to categorically favor objective evidence of instability over subjective evidence of that condition. English, 30 Vet.App. at 352-53;

[ad_1] Single Judge Application; English, 30 Vet.App. at 352-53; the Board must explain what it understands the terms “slight”…

3 years ago

U.S. Will Continue to Operate in South China Sea to Ensure Prosperity for All > U.S. Department of Defense > Defense Department News

[ad_1] There's a variety of concerns that keep Indo-Pacom on its toes — many centered around the activities of…

3 years ago

Spacecom Aims to Ensure Space Domain Is Protected, General Says > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] U.S. Space Command supports the geographic combatant commanders by defending the space assets used by all commands that are…

3 years ago

Guard Works to Ensure Troops Defending Capitol Have Safe, Nutritious Food > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] Recent news reports have said National Guardsmen in Washington, D.C., who are providing protection to the U.S. Capitol there…

3 years ago