presumptive

Single Judge Application; Tadlock remand from Federal Circuit; overlapping signs or symptoms; Veterans of the Gulf War can establish entitlement to service connection on a presumptive basis for “a qualifying chronic disability” that arises during service or to a compensable degree before December 31, 2026. 38 U.S.C. § 1117; 38 C.F.R. § 3.317(a)(1)(i) (2021). A “qualifying chronic disability” is one that results from either an “undiagnosed illness” or a “medically unexplained chronic multisymptom illness [(MUCMI)] that is defined by a cluster of signs or symptoms.” 38 C.F.R. § 3.317(a)(2)(i)(A)-(B). A MUCMI, inturn, is defined as “a diagnosed illness without conclusive pathophysiology or etiology, that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities.” Id. § 3.317(a)(2)(ii);

[ad_1] Single Judge Application; Tadlock remand from Federal Circuit; overlapping signs or symptoms; Veterans of the Gulf War can…

3 years ago

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)));

[ad_1] Single Judge Application; “The [U.S. Court of Appeals for the] Federal Circuit made it clear that the Board is…

3 years ago

Senate Bill: 952 – Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act of 2021 : Veterans

[ad_1] The Senate is reviewing a bill to expand the number of conditions related to Gulf War Service beyond the…

3 years ago

The VA will begin to process new SW Asia presumptive claims beginning Aug 2 for particulate exposure. : Veterans

[ad_1] This is huge"The Department of Veterans Affairs will begin processing disability claims Aug. 2 for asthma, rhinitis and sinusitis…

3 years ago

New Presumptive Conditions for Gulf war vets : Veterans

[ad_1] I submitted my claim last night for allergic rhinitis, sinusitis, and asthma. Sinusitis was in my service records and…

3 years ago

For first time, some burn pit victims will get presumptive status for disability benefits

[ad_1] Veterans exposed to harmful burn pit smoke while serving in certain overseas war zones will for the first time…

3 years ago

Troops exposed to Agent Orange outside of Vietnam could be in line for presumptive benefits

[ad_1] Congress in recent years has expanded disability benefits for veterans exposed to toxic chemicals during fighting in Vietnam, but…

3 years ago

Adding high blood pressure to list of presumptive Agent Orange illnesses a key focus for lawmakers this year

[ad_1] Benefits for hypertension a top priority in vets committee Sen. Jon Tester, the new chairman of the Senate Veterans'…

3 years ago

VA secretary promises ‘urgency’ in implementing new Agent Orange presumptive benefits rules

[ad_1] Veterans Affairs Secretary Denis McDonough on Tuesday promised an “urgent” review of new rules regarding presumptive benefits status for…

3 years ago

Claiming a presumptive without knowing it

[ad_1] OK, been reading other post tonight and stumble on this question, which brokensoldier244 may have answered. I claimed a…

3 years ago