Injury

Wounded Warrior Cory Remsburg On Injury & Road To Recovery

Since 2000, more than 290000 active-duty service members and veterans have been diagnosed with traumatic brain injuries. source

2 years ago

Started My Journey to Get Help w/ an Old Injury : Veterans

[ad_1] My rating and letters: https://imgur.com/a/1OWWPUhHello all. I have been following this subreddit for quite some time. It inspired me…

2 years ago

Service Dog Helps Veteran Cope With PTSD & Brain Injury Following 3 Deployments

[ad_1] In 2001, Amanda Peterson joined the Army Reserves to help pay for college. When she was only 19 years…

2 years ago

Community Helps Army Veteran Who Needs A Home After Suffering Traumatic Brain Injury

[ad_1] In 2018, now 26-year-old Army Veteran Brandon Wears was on a night jump during military training when something went…

3 years ago

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

Top 5 Things to Look For in a Personal Injury Lawyer

[ad_1] By Jody Broaddus It’s quite common to get injured. Even if you’re careful, there might be someone or something…

3 years ago

(1) is in writing; (2) indicates an intent to apply for veterans’ benefits; and (3) identifies the particular benefits sought.” Shea v. Wilkie, 926 F.3d 1362, 1367 (Fed. Cir. 2019) (internal quotation marks omitted). A “[v]eteran need not refer explicitly to the name of an illness, injury, or condition” on his claim form. Sellers v. Wilkie, 965 F.3d 1328, 1335 (Fed.Cir. 2020). A high level of generality will suffice, so long as the “benefit sought . . . can also be found indirectly through examination of evidence to which those documents themselves point when sympathetically read.” Shea, 926 F.3d at 1368 (internal quotation marks omitted).; Had Mr. Germany’s mental health records been before the RO in the first instance in evaluating his Claim, that might have been sufficient to qualify as an informal claim. See id. at 1370. In Shea, we held that the VA erred by not construing the veteran’s claim to cover psychiatric conditions referenced in her medical records but not explicitly listed on her claim form. Id; 2 In 2015, the VA implemented a rule that claims for disability benefits must be filed on a standard form and revised 38 C.F.R. § 3.155. See Standard Claims and Appeals Forms, 79 Fed. Reg. 57,660 (Sept. 25, 2014).

[ad_1] FedCir Application; 38 C.F.R. § 3.155(a); Sellers v. Wilkie, 965 F.3d 1328, 1335 (Fed.Cir. 2020); Shea v. Wilkie,…

3 years ago

“[P]rivate medical evidence since the initial exam that indicates the veteran’s medical history [] include[s] cold injury residuals [is] based upon his verbal history—not the evidence of record.” R. at 3583. There is no doubt that the RO’s distinction between the “evidence of record” and the veteran’s own statements was completely misleading at best. See 38 U.S.C.§ 5107(b) (requiring the Secretary to “consider all information and lay and medical evidence of record in a case”); Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009) (noting that VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim to disability or death benefits); Buchanan v. Nicholson, 451 F.3d 1331, 1335 (Fed. Cir. 2006) (explaining that””lay evidence is one type of evidence that must be considered, if submitted, when a veteran’s claim seeks disability benefits” and holding that, in certain situations, “competent lay evidence can be sufficient in and of itself” to establish entitlement to such benefits). The language used in the request indicates that the veteran’s own statements are not “evidence of record” and would require at least corroboration in service medical records to be credible and probative. That is contrary to Buchanan, 451 F.3d at 1335 (finding improper the Board’s determination that ‘lay statements lacked credibility merely because they were not corroborated by contemporaneous [SMRs]”).; » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Single Judge Application; Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); The RO’s request distinguished between…

3 years ago

Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it was understood at the time did not require VA to rebut the presumption of sound condition with clear and unmistakable evidence that the condition was not aggravated by service; 1970 presumption of sound condition; In 1970, VA’s implementing regulation did not require clear and unmistakable evidence of lack of aggravation by service for rebuttal. See 38 C.F.R. §3.304(b) (1970); Instead, if the presumption of sound condition applied, the burden fell on VA to rebut the presumption with clear and unmistakable evidence that an injury or disease that manifested in service preexisted service. See George, 991 F.3d at 1229-30 (noting that VA’s 1970 version of the regulation, permitting VA to rebut the presumption of soundness with only clear and unmistakable evidence that the disorder preexisted service, prevailed until 2003); 38 U.S.C. § 311 (1970) (current version § 1111); » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it…

3 years ago

Despite catastrophic injury, Veteran of the Year John Peck has persevered — and inspired

[ad_1] For a study in perseverance, look no further than medically retired Marine Sgt. John Peck.Marine Corps veteran John Peck…

3 years ago
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