Information

Agency Information Collection Activity: Record Keeping at Flight Schools

[ad_1] The Veterans Benefits Administration, Department of Veterans Affairs, is announcing an opportunity for public comment on the proposed collection…

2 years ago

Single Judge Application; flare-up; this Court’s caselaw and VA guidelines requiring VA medical examiners, in situations when direct observation is not possible, to opine on and quantify the effect of pain on functioning based on other evidence. See, e.g., Sharp v. Shulkin, 29 Vet.App. 26, 35 (2017) (instructing VA examiners, when conducting examinations that do not take place during a flare-up, to “offer flare opinions based on estimates derived from information procured from relevant sources, including the lay statements of veterans”);

[ad_1] Single Judge Application; flare-up; this Court’s caselaw and VA guidelines requiring VA medical examiners, in situations when direct…

2 years ago

Desmond inquiry: health professionals failed to share information prior to killings – Halifax

[ad_1] A lack of collaboration among health-care professionals was an “overwhelming theme” in the tragic case of an ex-soldier…

2 years ago

Parents and Supporters Information Session

In this session, parents and supporters are invited to learn more about the college application process, paying for college, supporting…

3 years ago

Veterans Program for Politics and Civic Engagement: 2021 Information Session

source

3 years ago

Claim for One Sum Payment Government Life Insurance and Claim for Monthly Payments Government Life Insurance: Agency Information Collection Activity

[ad_1] Veterans Benefits Administration, Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection…

3 years ago

Supportive Services for Veteran Families (SSVF) Program-Grant Application and Report: Agency Information Collection Activity Under OMB Review

[ad_1] Abstract: The purpose of the Supportive Services for Veteran Families (SSVF) Program is to provide supportive services grants to…

3 years ago

Agency Information Collection Activity Under OMB Review: Application for Individualized Tutorial Assistance

[ad_1] In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA),…

3 years ago

Agency Information Collection Activity Under OMB Review: 35% Exemption Request From 85/15 Reporting Requirement

[ad_1] In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA),…

3 years ago

Single Judge Application; tinnitus; Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (endorsing Clemons and explaining that “VA shall afford lenity to a veteran’s filings; evidence developed in processing that claim; claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim; The Board did not, however, address the reasonably raised issue of whether the veteran’s specific claim for tinnitus encompassed a claim for a vestibular condition manifesting in dizziness, as required by Clemons. In Clemons, the Court explained that, because lay claimants generally lack the medical knowledge to narrow the universe of a claim to a particular diagnosis, VA “should construe a claim based on the reasonable expectations of the non-expert, self-represented claimant and the evidence developed in processing that claim.” 23 Vet.App. at 5. “[T]he claimant’s intent in filing a claim is paramount to construing its breadth,” and factors relevant to that inquiry include “the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim.” Id. The Court ultimately held that the Board may not deny a claim because a lay claimant’s hypothesized diagnosis proves incorrect; rather, the Board must “confront[] the difficult questions of what current []condition actually exist[s] and whether it was incurred in or aggravated by service.” Id. at 6. In so doing, the Board must make “affirmative finding[s] as to the nature of the [claimant’s] condition.” Id. In short, “the fact that the [claimant] may be wrong about the nature of his [or her] condition does not relieve the Secretary of his duty to properly adjudicate the claim.” Id.; see generally Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (endorsing Clemons and explaining that “VA shall afford lenity to a veteran’s filings that fail to enumerate precisely the disabilities included within the bounds of a claim,” which “is best accomplished by looking to the veteran’s reasonable expectations in filing the claim and the evidence developed in processing that claim”).;

[ad_1] Single Judge Application; tinnitus; Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (endorsing Clemons and explaining…

3 years ago
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