Federal

Panel Application; educational benefits; 38 C.F.R. § 21.9635(o); Carr, 961 F.3d at 173; the Federal Circuit interpreted the phrase “may receive” as referring only to an initial calculation of a veteran’s entitlement and not to the amount of benefits that a person may, in fact, receive; It then concluded that the statute does not preclude an individual, who has accumulated and used a total of 48 months of educational benefits from a combination of chapters, from receiving an extension in benefits until the end of a semester. Carr, 961 F.3d at 173;

[ad_1] UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 16-3438SAMANTHA E. CARR, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.ROBERT M. CARR,…

2 years ago

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Canada election 2021: English-language federal leaders' debate | FULL

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VA has the second-worst COVID vaccination rate among all federal agencies

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Single Judge Application; section 311 meant in 1981; CUE; presumption of soundness; The appellant argues that the Board erred in its determination that no CUE existed in the 1981 RO decision. Specifically, he contends that Wagner is an authoritative statement of what section 311 meant at the time of the 1981 RO decision. Appellant’s Brief (Br.) at 6. The Court agrees with the appellant that the Federal Circuit’s interpretation of section 1111 in Wagner is an authoritative statement of what that statute has meant since the date of enactment in 1958. See Rivers v. Roadway Express, 511 U.S. 298, 312-13 (1994) (“A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision of the case giving rise to that construction.”); Patrick v. Shinseki, 668 F.3d at 1325, 1329 (Fed. Cir. 2011) (“We made clear . . . , that ‘[u]nlike changes in regulations and statutes, which are prospective, our interpretation of a statute is retrospective in that it explains what the statute has meant since the date of enactment.’” (quoting Patrick v. Nicholson, 242 F. App’x 695, 698 (Fed. Cir. 2007)(remanding for further consideration of CUE request using the correct standard articulated in Wagner and directing remand to Board, if necessary, to determine whether the Secretary has rebutted the presumption of soundness by providing clear and unmistakable evidence that the presumption has been rebutted))); see also Jordan v. Nicholson, 401 F.3d 1296, 1298 (Fed. Cir. 2005) (noting that the appellant’s CUE request challenges the validity of a regulation but does not question the correct legal standard under the statute, and that “Wagner governs that issue”). Thus, the Court agrees with the appellant that the Board erred when it concluded that he could not challenge the correct legal standard that applies under section 1111 in the CUE context.;

[ad_1] Single Judge Application; section 311 meant in 1981; CUE; presumption of soundness; The appellant argues that the Board…

2 years ago

Single Judge Application; Ortiz v. McDonough; The Federal Circuit comprehensively considered whether the 2010 amendment to 38 C.F.R. § 3.304(f) was liberalizing, ultimately determining that it was, Ortiz v. McDonough, 6 F.4th at 1275-1283, 2021 U.S. App. LEXIS 22305, at *16-38; The Federal Circuit specifically disapproved of this Court’s decision in Foreman, Ortiz v. McDonough, 6 F.4th at 1275-1283, 2021 U.S. App. LEXIS 22305, at *35-38;

[ad_1] Single Judge Application; Ortiz v. McDonough; The Federal Circuit comprehensively considered whether the 2010 amendment to 38 C.F.R.…

2 years ago

Biden tells federal workers to get vaccinated or face weekly COVID-19 testing

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Single Judge Application; service trauma; The Federal Circuit Court defines “service trauma” as “an injury or wound produced by an external physical force during the service member’s performance of military duties.” Nielson v. Shinseki, 23 Vet. App. 56, 60 (2009);

[ad_1] Single Judge Application; service trauma; The Federal Circuit Court defines “service trauma” as “an injury or wound produced…

3 years ago

Single Judge Application; Tadlock remand from Federal Circuit; overlapping signs or symptoms; Veterans of the Gulf War can establish entitlement to service connection on a presumptive basis for “a qualifying chronic disability” that arises during service or to a compensable degree before December 31, 2026. 38 U.S.C. § 1117; 38 C.F.R. § 3.317(a)(1)(i) (2021). A “qualifying chronic disability” is one that results from either an “undiagnosed illness” or a “medically unexplained chronic multisymptom illness [(MUCMI)] that is defined by a cluster of signs or symptoms.” 38 C.F.R. § 3.317(a)(2)(i)(A)-(B). A MUCMI, inturn, is defined as “a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities.” Id. § 3.317(a)(2)(ii);

[ad_1] Single Judge Application; Tadlock remand from Federal Circuit; overlapping signs or symptoms; Veterans of the Gulf War can…

3 years ago
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