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Veterans disability claims backlog expected to grow in coming months

[ad_1] Veterans Affairs officials don’t know how bad the backlog of veteran disability claims will get this fall, but they…

3 years ago

Single Judge Application; substantive negative evidence; Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Horn v. Shinseki, 25 Vet.App. 231, 239 (2012); to the extent that the Board’s analysis may be read as implicitly finding him not credible because his service records did not confirm his testimony regarding the locations of his barracks and the flightline relative to the Udorn Air Base perimeter, the Board generally must “first establish a proper foundation for drawing inferences against a claimant from an absence of documentation.” Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Notably, a lack of confirmation is not the same as a contradiction of the claimant’s assertions. See Horn v. Shinseki, 25 Vet.App. 231, 239 (2012) (observing that the absence of evidence is not necessarily substantive negative evidence). And here, the Board did not explain whether and why it would be expected to find corroboration of the barracks and flightline locations relative to the perimeter in Mr. Cornelious’s service records. Thus, to the extent that the Board drew a negative inference from the lack of corroborating service records and relied on that inference to find Mr. Cornelious not credible, the Court concludes that the Board failed to lay a proper foundation. See Fountain, 27 Vet.App. at 272; Horn, 25 Vet.App. at 239;

[ad_1] Single Judge Application; substantive negative evidence; Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Horn v. Shinseki, 25 Vet.App.…

3 years ago

Fort Stewart has a spot saved for Alwyn Cashe’s expected Medal of Honor

[ad_1] FORT STEWART, Ga. — Scattered around Army installations throughout the country, reddish-brown memorial signs labeling buildings tell the stories…

3 years ago

As space dwindles, final rules on burial eligibility for Arlington Cemetery expected this fall

[ad_1] Army officials expect to unveil their final rule changes for burial eligibility at Arlington National Cemetery sometime this fall,…

3 years ago