Questions

The VA has released recommendations for better health care. Here are four questions we still have.

[ad_1] The VA has released recommendations for better health care. Here are four questions we still have. You might have…

2 years ago

More unanswered questions on the Afghanistan exit

[ad_1] Once again, a senior Defense Department official is expected to face tough questioning from lawmakers this week over this…

3 years ago

Single Judge Application; tinnitus; Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (endorsing Clemons and explaining that “VA shall afford lenity to a veteran’s filings; evidence developed in processing that claim; claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim; The Board did not, however, address the reasonably raised issue of whether the veteran’s specific claim for tinnitus encompassed a claim for a vestibular condition manifesting in dizziness, as required by Clemons. In Clemons, the Court explained that, because lay claimants generally lack the medical knowledge to narrow the universe of a claim to a particular diagnosis, VA “should construe a claim based on the reasonable expectations of the non-expert, self-represented claimant and the evidence developed in processing that claim.” 23 Vet.App. at 5. “[T]he claimant’s intent in filing a claim is paramount to construing its breadth,” and factors relevant to that inquiry include “the claimant’s description of the claim; the symptoms the claimant describes; and the information the claimant submits or that the Secretary obtains in support of the claim.” Id. The Court ultimately held that the Board may not deny a claim because a lay claimant’s hypothesized diagnosis proves incorrect; rather, the Board must “confront[] the difficult questions of what current []condition actually exist[s] and whether it was incurred in or aggravated by service.” Id. at 6. In so doing, the Board must make “affirmative finding[s] as to the nature of the [claimant’s] condition.” Id. In short, “the fact that the [claimant] may be wrong about the nature of his [or her] condition does not relieve the Secretary of his duty to properly adjudicate the claim.” Id.; see generally Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (endorsing Clemons and explaining that “VA shall afford lenity to a veteran’s filings that fail to enumerate precisely the disabilities included within the bounds of a claim,” which “is best accomplished by looking to the veteran’s reasonable expectations in filing the claim and the evidence developed in processing that claim”).;

[ad_1] Single Judge Application; tinnitus; Murphy v. Wilkie, 983 F.3d 1313, 1318 (Fed. Cir. 2020) (endorsing Clemons and explaining…

3 years ago

Chronic Thoracic & Lumbar Strain 0% Service Connection Questions » HadIt.com For Veterans Who’ve Had It With The VA

[ad_1] Link to original post Hello, I have more questions than I can find answers so I thought I would…

3 years ago

Please post your comments and questions in the correct forum and not use the PM Box.

[ad_1] Link to original post  First off Welcome to Hadit…your free to read all the post you want  and seek…

3 years ago

Questions Regarding Terminal Leave BAS and BAH : Veterans

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3 years ago

questions about three year STEM extension. : Veterans

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3 years ago

3/4 time Chap 33 & GI Bill Calculator questions : Veterans

[ad_1] I'm active duty and fully eligible for both MGIB and Post 9/11. I'm starting an online MS program in…

3 years ago

Gen. Mark Milley is really tired of dumb questions about critical race theory

[ad_1] As has happened so often recently, a Congressional hearing on the military veered off-topic and into discussions, accusations, and…

3 years ago

Incremental Change Or Step Change – 8 Questions to Define Change Management & Clarify Your Approach

[ad_1] Incremental change or step change? It is very important to establish very early on whether or not what you…

3 years ago
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