inquiry

Desmond inquiry: Nova Scotia inquest into shooting tragedy facing complex challenges

[ad_1] Almost five years after Afghanistan war veteran Lionel Desmond killed three family members and himself, an inquiry is expected…

2 years ago

Inquiry finds Georgia veterans agency chief harassed workers

[ad_1] ATLANTA (AP) — An investigation finds the now-retired leader of Georgia’s veterans agency sexually harassed his secretary, part of…

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

Veterans Mortgage Life Insurance Inquiry

[ad_1] The Department of Veterans Affairs (VA) amends its adjudication regulations concerning the nature of evidence that VA will accept…

3 years ago

The examination report must include • an up-to-date, brief, medical and industrial history from the date of discharge or last examination • a record of subjective complaints • a complete description of objective findings, stated in concrete terms • a diagnosis for each described condition[] • answer(s) to any question specifically included in the examination request • opinions specifically requested in the exam request • a diagnosis or notation that a chronic disease or disability was ruled out for each disability, complaint, or symptom listed on the examination request, and • the clinical findings required by the rating schedule for the evaluation of the specific disability being claimed. (For example, if a joint is being examined, the range of motion in degrees should be noted as part of the examination. If a cardiovascular condition is being examined, the metabolic equivalent expanded before fatigue, chest pain, and so on, result should be expressed.); M21-1MR, pt. III, subpt. iv, ch. 3, sec. D(f); In response to the Court’s inquiry, counsel for the Secretary stated that this provision is intended to assist VA adjudicators in determining what constitutes a sufficient report of examination for compensation and pension purposes, but conceded that a particular VA medical record may still qualify as a “report of examination” under § 3.157(b)(1) even if it is not as detailed as required by this M21-1MR provision.;

[ad_1] Panel Application; the Veterans Benefits Administration Adjudication Procedures Manual (M21-1MR) are intended to describe the type of VA…

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

Lionel Desmond inquiry: Veterans Affairs review cites delays, calls for changes – Halifax

[ad_1] An internal review of how Veterans Affairs handled the tragic case of a former soldier who killed his…

3 years ago

Desmond inquiry: Lionel Desmond’s case manager at Veterans Affairs begins testimony – Halifax

[ad_1] The Veterans Affairs case manager assigned to help Lionel Desmond reintegrate into civilian life explained to a fatality…

3 years ago

Desmond inquiry: ex-manager of veterans clinic said facility lacked resources – Halifax

[ad_1] The former manager of a clinic for veterans in Nova Scotia told an inquiry today the facility had…

3 years ago

As the Lionel Desmond inquiry resumes, a look at what has been learned so far

[ad_1] Lionel Desmond was a desperately ill man, and he knew it.The former Canadian soldier was suffering from severe…

3 years ago