Met

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

Single Judge Application; In Chavis, the Court explained that the ankylosis requirement in 38 C.F.R. § 4.71a “can be met with evidence of the functional equivalent of ankylosis during a flare.” Chavis v. McDonough, _ Vet.App. _ , No. 19-2928, 2021 WL 1432578, at *1 (Apr. 16, 2021) (emphasis added); Chavis changes the landscape; examiner did not consider whether the functional limitations appellant experienced regularly and during the examination were akin to a functional equivalent of ankylosis. Though the Board did mention appellant’s daily flare-ups, pain, and functional limitations of his neck, the Board did not address how this potentially favorable evidence compared to ankylosis;

[ad_1] Single Judge Application; In Chavis, the Court explained that the ankylosis requirement in 38 C.F.R. § 4.71a “can…

3 years ago

What happened in Loomis as Black Lives Matter protest is met by opposition

Black Lives Matter protesters are met by counterprotesters chanting "all lives" and "blue lives" matter while verbally engaging during a…

3 years ago

Any Terrorist Attack on U.S. Military Drawdown in Afghanistan Will Be Met Forcefully, Kirby Says > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] The United States is well aware of Taliban threats to the U.S. military drawdown, which are scheduled to begin…

3 years ago

Trump's attacks on late Sen. McCain met by silence at Ohio military tank factory

President Trump is refusing to tone down his attacks on the late Sen. John McCain despite growing pushback from fellow…

3 years ago

A Veteran Who Never Met This Fallen Marine Escorts His Portrait Across the Country to His Family

[ad_1] There is a man I know, a Vietnam combat veteran, a member of my VFW Post 8870 in Edmonds,…

3 years ago