Veterans Day Message from President Trump

Veterans Day Message from President Trump

August 1, 2022
Navajo Code Talker Samuel Sandoval dies

Navajo Code Talker Samuel Sandoval dies

August 1, 2022
#VeteranOfTheDay Marine Corps Veteran Victor “Brute” Harold Krulak

#VeteranOfTheDay Marine Corps Veteran Victor “Brute” Harold Krulak

August 1, 2022
Trump supporters attempt world record boat parade near Clearwater Beach

Trump supporters attempt world record boat parade near Clearwater Beach

August 1, 2022
Veteran honored for once-secret role in WWII ‘Ghost Army’

Veteran honored for once-secret role in WWII ‘Ghost Army’

August 1, 2022
Helping a Fellow Vet with Disability Claim : Veterans

Helping a Fellow Vet with Disability Claim : Veterans

July 31, 2022
Table Tennis 1. European Championship1995 Vienna (Wien)Veterans Orlovwki Dvoracek Tischtennis

Table Tennis 1. European Championship1995 Vienna (Wien)Veterans Orlovwki Dvoracek Tischtennis

July 31, 2022
Low-Cost Tech Shaping Modern Battlefield > U.S. Department of Defense > Defense Department News

Low-Cost Tech Shaping Modern Battlefield > U.S. Department of Defense > Defense Department News

July 31, 2022
The Army won’t lower its standards again to meet recruitment goals

The Army won’t lower its standards again to meet recruitment goals

July 31, 2022
Coast Guard veteran held without bail in ID theft mystery

Coast Guard veteran held without bail in ID theft mystery

July 31, 2022
British Normandy Memorial opens on D-Day anniversary

British Normandy Memorial opens on D-Day anniversary

July 31, 2022
Vietnam Veterans Memorial Wall Stories

Vietnam Veterans Memorial Wall Stories

July 31, 2022
Saturday, April 20, 2024
No Result
View All Result
No Result
View All Result

Tag: June

Decision Assessment Document; Shea v. Wilkie, June 20, 2019, 926 F. 3d 1362 (Fed. Cir. 2019); where claimant’s filings refer to specific medical records, and those records contain a reasonable ascertainable diagnosis of a disability, the claimant has raised an informal claim for that disability under 38 C.F.R. 3.155(a);

Decision Assessment Document; Shea v. Wilkie, June 20, 2019, 926 F. 3d 1362 (Fed. Cir. 2019); where claimant’s filings refer to specific medical records, and those records contain a reasonable ascertainable diagnosis of a disability, the claimant has raised an informal claim for that disability under 38 C.F.R. 3.155(a);

by The Editor
October 24, 2021
0

Decision Assessment Document; Shea v. Wilkie, June 20, 2019, 926 F. 3d 1362 (Fed. Cir. 2019); where claimant’s filings refer to specific medical records, and those records contain a ...

Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald the Court explained that 38 C.F.R. § 4.85 does not govern the effective date for hearing loss ratings. See 27 Vet.App. at 224-25. The Court held that the effective date for hearing loss may be earlier than the date of an audiometric test that satisfies the criteria under 38 C.F.R. § 4.85, and that, “unless otherwise specifically noted in the statute or regulation, [38 U.S.C. § 5110(b)(3)] and [38 C.F.R.] § 3.400 govern the effective date for disability benefits claims.” Id. at 225. The Board noted some of Mr. Garcia’s statements about his worsening hearing loss before 2019, but the Board denied entitlement to a compensable rating before June 11, 2019, seemingly because the record did not contain any other “audiometric testing results during this portion of the appeal period which comply with 38 C.F.R. § 4.85 for rating purposes.” R. at 11.; » HadIt.com For Veterans Who’ve Had It With The VA

Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald the Court explained that 38 C.F.R. § 4.85 does not govern the effective date for hearing loss ratings. See 27 Vet.App. at 224-25. The Court held that the effective date for hearing loss may be earlier than the date of an audiometric test that satisfies the criteria under 38 C.F.R. § 4.85, and that, “unless otherwise specifically noted in the statute or regulation, [38 U.S.C. § 5110(b)(3)] and [38 C.F.R.] § 3.400 govern the effective date for disability benefits claims.” Id. at 225. The Board noted some of Mr. Garcia’s statements about his worsening hearing loss before 2019, but the Board denied entitlement to a compensable rating before June 11, 2019, seemingly because the record did not contain any other “audiometric testing results during this portion of the appeal period which comply with 38 C.F.R. § 4.85 for rating purposes.” R. at 11.; » HadIt.com For Veterans Who’ve Had It With The VA

by The Editor
October 6, 2021
0

Single Judge Application; hearing loss effective date; Swain v. McDonald, 27 Vet.App. 219 (2015); in Swain v. McDonald the Court explained that 38 C.F.R. § 4.85 does not govern ...

Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to revisit the rule that “equitable tolling is inapplicable to § 5110’s effective date rules.” Arellano v. McDonough, __ F.3d. , , 2021 WL 2460647at *18 (Fed. Cir. June 17, 2021) (6-6 decision) (Chen, J, concurring) (referencing Andrews v. Principi, 351 F.3d 1134, 1137-38 (Fed. Cir. 2003));

Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to revisit the rule that “equitable tolling is inapplicable to § 5110’s effective date rules.” Arellano v. McDonough, __ F.3d. , , 2021 WL 2460647at *18 (Fed. Cir. June 17, 2021) (6-6 decision) (Chen, J, concurring) (referencing Andrews v. Principi, 351 F.3d 1134, 1137-38 (Fed. Cir. 2003));

by The Editor
August 31, 2021
0

Single Judge Application; § 5110; equitable tolling; On June 17, 2021, the Federal Circuit issued Arellano, which declined to revisit the rule that “equitable tolling is inapplicable to § 5110’s ...

Single Judge Application; “The [U.S. Court of Appeals for the] Federal Circuit made it clear that the Board is not bound by [M21-1] ; Overton, 30 Vet.App. at 264 (“[T]he Board is required to discuss any relevant provisions contained in the M21-1 . . . , but because it is not bound by those provisions, it must make its own determination before it chooses to rely on an M21-l provision . . . .”); It is unclear how the Board came to this conclusion that consistent and prolonged exposure was required because that language is not found within the M21-1 provision that was provided to appellant as a reference for establishing presumptive service connection; Andrews v. McDonough, __ Vet.App. , , No. 19-0352, 2021 U.S. App. Vet. Claims LEXIS 1091, at *17-20 (June 22, 2021) (“[T]he VA ma y [not] tell a veteran how to establish a service connection for his [condition] only to move the goalposts once he has done so. This kind of goalpost-moving does not reflect an optimal mode of administrative decisionmaking.” (quoting Hudick v. Wilkie, 755 F. App’x 998, 1006-07 (Fed. Cir. 2018)));

Single Judge Application; “The [U.S. Court of Appeals for the] Federal Circuit made it clear that the Board is not bound by [M21-1] ; Overton, 30 Vet.App. at 264 (“[T]he Board is required to discuss any relevant provisions contained in the M21-1 . . . , but because it is not bound by those provisions, it must make its own determination before it chooses to rely on an M21-l provision . . . .”); It is unclear how the Board came to this conclusion that consistent and prolonged exposure was required because that language is not found within the M21-1 provision that was provided to appellant as a reference for establishing presumptive service connection; Andrews v. McDonough, __ Vet.App. , , No. 19-0352, 2021 U.S. App. Vet. Claims LEXIS 1091, at *17-20 (June 22, 2021) (“[T]he VA ma y [not] tell a veteran how to establish a service connection for his [condition] only to move the goalposts once he has done so. This kind of goalpost-moving does not reflect an optimal mode of administrative decisionmaking.” (quoting Hudick v. Wilkie, 755 F. App’x 998, 1006-07 (Fed. Cir. 2018)));

by The Editor
August 30, 2021
0

Single Judge Application; “The Federal Circuit made it clear that the Board is not bound by ; Overton, 30 Vet.App. at 264 (“he Board is required to discuss any relevant ...

Page 1 of 2 1 2
  • Trending
  • Comments
  • Latest
No Result
View All Result

198 Veterans News - Copyright AllRights Reserved.