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Ohio Post has Large Community Presence

[ad_1] Members of VFW Post 10380 in Green Township, Ohio, were at their recruiting best at the 161st Harvest Home…

2 years ago

Congratulations to VFW Post 7096 Our February Post of the Month

[ad_1] For three consecutive years, VFW Post 7096 in Brooklyn, New York, has achieved 100% membership. Focused on supporting veterans…

2 years ago

VFW Congratulates VFW Post 10804, April Post of the Month

[ad_1] No matter the time of year, when you check the calendar of VFW Post 10804, you are sure to…

2 years ago

Top VA medical post remains unfilled after latest Senate delay

[ad_1] Tensions over the stalled confirmation of a key Veterans Affairs official led to an angry exchange on the Senate…

2 years ago

How the last VFW post in one city is shaking things up

[ad_1] New Orleans’ last remaining Veterans of Foreign Wars post is breaking the mold. In a city where there was…

2 years ago

VFW Post Makes Community ‘Better Place for All’

[ad_1] Members of VFW Silver State Post 3396 in Sparks, Nevada, are looking forward to the inaugural VFW Day of…

2 years ago

Veterans Know VFW Post Has ‘Got Their Six’

[ad_1] “Since the beginning, VFW Post 9126 decided we wanted to provide a healing and safe environment for veterans,” said…

2 years ago

Wyoming VFW Post Collects Goods for Food Insecure Veterans

[ad_1] A VFW Post in the Equality State late last year provided much-needed aid to the military community. Post members…

2 years ago

Post 9/11 GI Bill, VR&E, Vet Tech and VRRAP after 21 December 2021 : Veterans

[ad_1] Currently the temporary legislation is set to expire 21 Dec 21.IF your current training program extends beyond that date…

3 years ago

Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh the evidence.18 Here, we simply do not know the weight, if any, the Board gave this evidence in assigning a rating for appellant’s GERD. It is important for the Board to make such a finding in the first instance.19 We recognize that the Secretary offers several arguments about why extraschedular referral is not warranted for appellant’s GERD. However, it is ultimately not his prerogative to provide an explanation that the Board did not. As we have often said, the Secretary cannot make up for the Board’s deficient statement of reasons or bases.20; 19 See Tadlock v. McDonough, 5 F.4th 1327, 1337-38 (Fed. Cir. 2021) (“Where additional findings of fact are necessary regarding mattes open to debate, the proper action is for the Veterans Court is to remand to the Board for consideration of those facts in the first instance.”).; 20 See In re Lee, 277 F.3d 1338, 1345-46 (Fed. Cir. 2002) (“‘[C]ourts may not accept appellate counsel’s post hoc rationalization for agency action.’” (quoting Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962))); McCray v. Wilkie, 31 Vet.App. 243, 258 (2019) (“[T]he Secretary’s impermissible post-hoc rationalization cannot make up for shortcomings in the Board’s assessment.”); Simmons v. Wilkie, 30 Vet.App. 267, 277 (2018) (holding that the “Court cannot accept the Secretary’s post-hoc rationalizations” to cure the Board’s reasons-or-bases errors), aff’d, 964 F.3d 1381 (Fed. Cir. 2020); Smith v. Nicholson, 19 Vet.App. 63, 73 (2015) (“[I]t is not the task of the Secretary to rewrite the Board’s decision through his pleadings filed in this Court.”).;

[ad_1] Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh…

3 years ago
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