Notice

Corporate Senior Executive Management Office; Notice of Performance Review Board Members

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3 years ago

Single Judge Application; the ultimate “lesson of our cases is that, while a pro se claimant’s ‘claim must identify the benefit sought,’ the identification need not be explicit in the claim-stating documents, but can also be found indirectly through examination of evidence to which those documents themselves point when sympathetically read.” Shea v. Wilkie, 926 F.3d 1362, 1368–69 (Fed. Cir. 2019). Here, the claim-stating documents pointed, when sympathetically viewed, to a history of symptoms of abdominal pain that yielded a diagnosis of gastritis. And that’s not all. The veteran’s gastritis was expressly linked to service by VA’s own medical examiner—in the context of an examination sought by the Agency as part of the development of Mr. Martinelli’s other claims.; The Secretary says the veteran is out of his depth in suggesting to the Court that melatonin use indicates sleep issues. But even if that were true, the veteran retorts, the Secretary forgets the Court’s ability to take judicial notice of facts generally known. See Tagupa v. McDonald, 27 Vet.App. 95, 100-01 (2014). Indeed, one need look no further than a basic medical dictionary to conclude that his in-service prescription was favorable, material evidence. Melatonin is “a hormone . . . implicated in the regulation of sleep, mood, puberty, and ovarian cycles. It has been tried therapeutically for a number of conditions, including insomnia and jet lag.” DORLAND’S ILLUSTRATED MEDICAL DICTIONARY 1110 (33d ed. 2020). The Board has a responsibility to explain why it rejects favorable, material evidence. Garner v. Tran, 33 Vet.App. 241, 250 (2021).;

[ad_1] Single Judge Application; the ultimate “lesson of our cases is that, while a pro se claimant’s ‘claim must…

3 years ago

Advisory Committee on the Readjustment of Veterans, Notice of Meeting, Amended

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3 years ago

Panel Order; Beaudette v. McDonough; Caregiver Program Notice and Notice Program; » HadIt.com For Veterans Who’ve Had It With The VA

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3 years ago

Genomic Medicine Program Advisory Committee, Notice of Meeting

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3 years ago

Advisory Committee: VA National Academic Affiliations Council, Notice of Meeting

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3 years ago

Advisory Committee on Disability Compensation, Notice of Meeting

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3 years ago