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
Friday, April 19, 2024
No Result
View All Result
No Result
View All Result

Tag: reveal

Single Judge Application; Hensley prohibits the Board from denying service connection for hearing loss solely because the audiometric test results did not constitute a disability under § 3.385 during service. 5 Vet.App. 155, 160 (1993); Hensley does not prohibit examiners from discussing in-service audiometric test results or relying on audiometric results that reveal normal hearing to form their opinion if they also consider other factors. Id.;

Single Judge Application; Hensley prohibits the Board from denying service connection for hearing loss solely because the audiometric test results did not constitute a disability under § 3.385 during service. 5 Vet.App. 155, 160 (1993); Hensley does not prohibit examiners from discussing in-service audiometric test results or relying on audiometric results that reveal normal hearing to form their opinion if they also consider other factors. Id.;

by The Editor
November 13, 2021
0

Single Judge Application; Hensley prohibits the Board from denying service connection for hearing loss solely because the audiometric test results did not constitute a disability under § 3.385 during ...

Single Judge Application; in Hensley v. Brown 5 Vet.App. 155, 157 (1993), the Court determined that the threshold for normal hearing is from 0 to 20 decibels, and higher threshold levels reflect some degree of hearing loss. Review of the May 1974 separation examination reflects that the appellant’s right ear hearing threshold at 4000 Hertz is 25 decibels, R. at 1237, and pursuant to Hensley v. Brown, this does reveal some level of hearing loss – especially when compared to the May 1972 enlistment examination which reflects his right ear hearing threshold at 4000 Hertz to be 5 decibels, R. at 1241.;

Single Judge Application; in Hensley v. Brown 5 Vet.App. 155, 157 (1993), the Court determined that the threshold for normal hearing is from 0 to 20 decibels, and higher threshold levels reflect some degree of hearing loss. Review of the May 1974 separation examination reflects that the appellant’s right ear hearing threshold at 4000 Hertz is 25 decibels, R. at 1237, and pursuant to Hensley v. Brown, this does reveal some level of hearing loss – especially when compared to the May 1972 enlistment examination which reflects his right ear hearing threshold at 4000 Hertz to be 5 decibels, R. at 1241.;

by The Editor
November 9, 2021
0

Single Judge Application; in Hensley v. Brown 5 Vet.App. 155, 157 (1993), the Court determined that the threshold for normal hearing is from 0 to 20 decibels, and higher ...

Single Judge Application; Tedesco v. Wilkie; implicit bias against lay evidence; The Board’s analysis is substantially similar to the Board’s analysis in Tedesco v. Wilkie, where the Board noted an appellant’s reports of knee instability but found medical evidence more probative. 31 Vet.App. 360, 367 (2019). We ultimately remanded that claim, stating that “[t]he Board fail[ed] to explain why the medical findings are more probative, other than to assert that the ‘specific medical tests . . . are designed to reveal instability . . . of the joints.’” Id. Just as in Tedesco, the Board’s statement here, that “[t]he DBQs were completed by medical professionals who formulated their conclusions based on a physical examination, review of the record, and interview of the Veteran,” fails to suggest any actual reasons or bases for finding the lay statements outweighed by “significant objective evidence,” other than an implicit bias against lay evidence and a preference for medical evidence. R. at 8. The Board also failed to explain why it considered the appellant’s lay statements “generalized.”;

Single Judge Application; Tedesco v. Wilkie; implicit bias against lay evidence; The Board’s analysis is substantially similar to the Board’s analysis in Tedesco v. Wilkie, where the Board noted an appellant’s reports of knee instability but found medical evidence more probative. 31 Vet.App. 360, 367 (2019). We ultimately remanded that claim, stating that “[t]he Board fail[ed] to explain why the medical findings are more probative, other than to assert that the ‘specific medical tests . . . are designed to reveal instability . . . of the joints.’” Id. Just as in Tedesco, the Board’s statement here, that “[t]he DBQs were completed by medical professionals who formulated their conclusions based on a physical examination, review of the record, and interview of the Veteran,” fails to suggest any actual reasons or bases for finding the lay statements outweighed by “significant objective evidence,” other than an implicit bias against lay evidence and a preference for medical evidence. R. at 8. The Board also failed to explain why it considered the appellant’s lay statements “generalized.”;

by The Editor
October 15, 2021
0

Single Judge Application; Tedesco v. Wilkie; implicit bias against lay evidence; The Board’s analysis is substantially similar to the Board’s analysis in Tedesco v. Wilkie, where the Board noted ...

  • Trending
  • Comments
  • Latest
No Result
View All Result

198 Veterans News - Copyright AllRights Reserved.