Review

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.;

[ad_1] Single Judge Application; in Hensley v. Brown 5 Vet.App. 155, 157 (1993), the Court determined that the threshold…

2 years ago

Best Adjustable Dumbbells (Review & Buying Guide) 2021

[ad_1] The best adjustable dumbbells can take your home gym to the next level. Don’t have a home gym? Well,…

2 years ago

FedCir; Regents is an application of the APA’s “arbitrary, capricious” standard of review, 5 U.S.C. § 706(2)(A), and this case is governed by 38 U.S.C. § 7261(a)(3)(A), which uses the same “arbitrary, capricious” language; we have used APA jurisprudence in applying the Title 38 provision. See Euzebio v. McDonough, 989 F.3d 1305, 1322–23 (Fed. Cir. 2021) (“The Veterans Court must also review Board and VA determinations for ‘abuse of discretion’ and ‘arbitrary [and] capricious’ decision making, including whether the Board or VA[] entirely failed to consider an important aspect of the problem . . . .” (quoting 38 U.S.C. § 7261(a)(3)(A) and State Farm, 463 U.S. at 43)); see also Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 432 n.2 (2011) (“[T]he Veterans Court’s scope of review, § 7261, is similar to that of an Article III court reviewing agency action under the [APA] . . . .”); Whether an agency has failed to address an important aspect of a problem, and is arbitrary and capricious for that reason, can turn on the specific statutes and regulations that govern the agency, see Oregon Natural Re-sources Council v. Thomas, 92 F.3d 792, 798 (9th Cir.1996), but that does not distinguish 38 U.S.C. § 7261 from 5 U.S.C. § 706;

[ad_1] FedCir; Regents is an application of the APA’s “arbitrary, capricious” standard of review, 5 U.S.C. § 706(2)(A), and…

3 years ago

Claim Accuracy Request (CAR); Expeditious review and determination of disability claim decisions;

[ad_1]   Read More Here Through a collaborative effort with VSOs and other representatives, VA launched a Claim Accuracy Request…

3 years ago

Corporate Senior Executive Management Office; Notice of Performance Review Board Members

[ad_1] Agencies are required to publish a notice in the Federal Register of the appointment of Performance Review Board (PRB)…

3 years ago

Supportive Services for Veteran Families (SSVF) Program-Grant Application and Report: Agency Information Collection Activity Under OMB Review

[ad_1] Abstract: The purpose of the Supportive Services for Veteran Families (SSVF) Program is to provide supportive services grants to…

3 years ago

Single Judge Application; English, 30 Vet.App. at 352-53; the Board must explain what it understands the terms “slight” and “moderate” in DC 5257 to mean so that appellant will understand why he was evaluated as he was, and the Court can review the Board’s decision; the Board focused on “objective evidence” in the VA medical opinions to support its conclusion that appellant’s instability was only “slight.”35 We can’t tell whether the Board faithfully applied English v. Wilkie or merely recited its holding concerning the lack of a requirement of objective evidence. On remand, the Board must ensure that it does not inappropriately downgrade evidence of instability merely because it is subjective. We stress again that it is inappropriate to categorically favor objective evidence of instability over subjective evidence of that condition. English, 30 Vet.App. at 352-53;

[ad_1] Single Judge Application; English, 30 Vet.App. at 352-53; the Board must explain what it understands the terms “slight”…

3 years ago

Agency Information Collection Activity Under OMB Review: Application for Individualized Tutorial Assistance

[ad_1] In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA),…

3 years ago

Agency Information Collection Activity Under OMB Review: 35% Exemption Request From 85/15 Reporting Requirement

[ad_1] In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA),…

3 years ago

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.”;

[ad_1] Single Judge Application; Tedesco v. Wilkie; implicit bias against lay evidence; The Board’s analysis is substantially similar to…

3 years ago
Show more Posts
Show previous Posts