Veterans Day Message from President Trump

Veterans Day Message from President Trump

August 1, 2022
Navajo Code Talker Samuel Sandoval dies

Navajo Code Talker Samuel Sandoval dies

August 1, 2022
#VeteranOfTheDay Marine Corps Veteran Victor “Brute” Harold Krulak

#VeteranOfTheDay Marine Corps Veteran Victor “Brute” Harold Krulak

August 1, 2022
Trump supporters attempt world record boat parade near Clearwater Beach

Trump supporters attempt world record boat parade near Clearwater Beach

August 1, 2022
Veteran honored for once-secret role in WWII ‘Ghost Army’

Veteran honored for once-secret role in WWII ‘Ghost Army’

August 1, 2022
Helping a Fellow Vet with Disability Claim : Veterans

Helping a Fellow Vet with Disability Claim : Veterans

July 31, 2022
Table Tennis 1. European Championship1995 Vienna (Wien)Veterans Orlovwki Dvoracek Tischtennis

Table Tennis 1. European Championship1995 Vienna (Wien)Veterans Orlovwki Dvoracek Tischtennis

July 31, 2022
Low-Cost Tech Shaping Modern Battlefield > U.S. Department of Defense > Defense Department News

Low-Cost Tech Shaping Modern Battlefield > U.S. Department of Defense > Defense Department News

July 31, 2022
The Army won’t lower its standards again to meet recruitment goals

The Army won’t lower its standards again to meet recruitment goals

July 31, 2022
Coast Guard veteran held without bail in ID theft mystery

Coast Guard veteran held without bail in ID theft mystery

July 31, 2022
British Normandy Memorial opens on D-Day anniversary

British Normandy Memorial opens on D-Day anniversary

July 31, 2022
Vietnam Veterans Memorial Wall Stories

Vietnam Veterans Memorial Wall Stories

July 31, 2022
Wednesday, May 1, 2024
No Result
View All Result
No Result
View All Result

Tag: relied

Single Judge Application; Board’s use of double negatives (“not shown” and “unable”); In Bowling, the Court found that the Board’s use of double negatives (“not shown” and “unable”) to suggest the feasibility of some of the veteran’s past occupations revealed that the Board relied on the lack of evidence rather than on any affirmative evidence of employability and that, with no such evidence, the Board’s speculation could not sustain a TDIU denial. Id. at 8.; » HadIt.com For Veterans Who’ve Had It With The VA

Single Judge Application; Board’s use of double negatives (“not shown” and “unable”); In Bowling, the Court found that the Board’s use of double negatives (“not shown” and “unable”) to suggest the feasibility of some of the veteran’s past occupations revealed that the Board relied on the lack of evidence rather than on any affirmative evidence of employability and that, with no such evidence, the Board’s speculation could not sustain a TDIU denial. Id. at 8.; » HadIt.com For Veterans Who’ve Had It With The VA

by The Editor
October 1, 2021
0

Single Judge Application; Board’s use of double negatives (“not shown” and “unable”); In Bowling, the Court found that the Board’s use of double negatives (“not shown” and “unable”) to ...

Single Judge Application; substantive negative evidence; Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Horn v. Shinseki, 25 Vet.App. 231, 239 (2012); to the extent that the Board’s analysis may be read as implicitly finding him not credible because his service records did not confirm his testimony regarding the locations of his barracks and the flightline relative to the Udorn Air Base perimeter, the Board generally must “first establish a proper foundation for drawing inferences against a claimant from an absence of documentation.” Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Notably, a lack of confirmation is not the same as a contradiction of the claimant’s assertions. See Horn v. Shinseki, 25 Vet.App. 231, 239 (2012) (observing that the absence of evidence is not necessarily substantive negative evidence). And here, the Board did not explain whether and why it would be expected to find corroboration of the barracks and flightline locations relative to the perimeter in Mr. Cornelious’s service records. Thus, to the extent that the Board drew a negative inference from the lack of corroborating service records and relied on that inference to find Mr. Cornelious not credible, the Court concludes that the Board failed to lay a proper foundation. See Fountain, 27 Vet.App. at 272; Horn, 25 Vet.App. at 239;

Single Judge Application; substantive negative evidence; Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Horn v. Shinseki, 25 Vet.App. 231, 239 (2012); to the extent that the Board’s analysis may be read as implicitly finding him not credible because his service records did not confirm his testimony regarding the locations of his barracks and the flightline relative to the Udorn Air Base perimeter, the Board generally must “first establish a proper foundation for drawing inferences against a claimant from an absence of documentation.” Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Notably, a lack of confirmation is not the same as a contradiction of the claimant’s assertions. See Horn v. Shinseki, 25 Vet.App. 231, 239 (2012) (observing that the absence of evidence is not necessarily substantive negative evidence). And here, the Board did not explain whether and why it would be expected to find corroboration of the barracks and flightline locations relative to the perimeter in Mr. Cornelious’s service records. Thus, to the extent that the Board drew a negative inference from the lack of corroborating service records and relied on that inference to find Mr. Cornelious not credible, the Court concludes that the Board failed to lay a proper foundation. See Fountain, 27 Vet.App. at 272; Horn, 25 Vet.App. at 239;

by The Editor
August 29, 2021
0

Single Judge Application; substantive negative evidence; Fountain v. McDonald, 27 Vet.App. 258, 272 (2015); Horn v. Shinseki, 25 Vet.App. 231, 239 (2012); to the extent that the Board’s analysis may ...

  • Trending
  • Comments
  • Latest
No Result
View All Result

198 Veterans News - Copyright AllRights Reserved.