individual

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,…

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14th Individual European Veterans Championships – Day 3 – Finals – 2/15

ME1 final (Magni - Khrebtov) second part. source

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Single Judge Application; The Board cannot avoid adjudicating an issue before it, here the proper rating, simply because it may also arise in a different claim. See Rice, 22 Vet.App. at 450-54 (clarifying that TDIU is not a “claim” but an entitlement to a total disability rating when certain qualifications are met); As appellant notes, the Board’s failure to address entitlement to TDIU based solely on the veteran’s migraine headaches was prejudicial because that entitlement may lead to eligibility for SMC under 38 U.S.C. § 1114(s). See Bradley v. Peake, 22 Vet.App. 280, 293 (2008) (“[S]ection 1114(s) does not limit ‘a service-connected disability rated as total’ to only a schedular rating of 100%, and the Secretary’s current regulation permits a [total disability rating based on individual unemployability] based on a single disability to satisfy the statutory requirement of a total rating.” (quoting 38 U.S.C. § 1114(s))); And VA has had a long-standing policy of considering SMC where it may apply, even if not explicitly raised. See Akles v. Derwinski, 1 Vet.App. 118, 121 (1991);

[ad_1] Single Judge Application; The Board cannot avoid adjudicating an issue before it, here the proper rating, simply because…

3 years ago

14th Individual European Veterans Championships – Day 1 – Finals – 4/18

WE1 final (Hablützel-Bürki - Haarlem) first part - MF3 final (Galvan - Wedge) first part. source

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Valuing Individual Differences – Key to Team Success

[ad_1] Seeing things in a different way can be the road to success. Leaders place a high value on being…

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Basic Facts About IU (Individual Unemployability) in a Veterans VA Compensation Claim

[ad_1] Veterans always have questions about the VA Disability compensation benefit known as IU. It is also known as TDIU…

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Carr v. McDonough, No. 16-3438(Decided February 19, 2021); Carr v. Wilkie, 961 F.3d 1168, 1176 (Fed. Cir. 2020), rev’g 31 Vet.App. 128 (2019); a person may receive benefits exceeding 48 months, notwithstanding section 3695’s express prohibition; § 21.9635(y) is not consistent with section 3319; 38 U.S.C. § 3319 (authorizing the transfer of unused benefits to a spouse orchildren); the Federal Circuit reversed, interpreting 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 1173;

[ad_1] Carr v. McDonough, No. 16-3438(Decided February 19, 2021); Carr v. Wilkie, 961 F.3d 1168, 1176 (Fed. Cir. 2020), rev’g…

3 years ago