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Tag: separate

Single Judge Application; Lyles v. Shulkin, 29 Vet.App. 107, 109 (2017); “entitlement to a separate evaluation in a given case depends on whether the manifestations of disability for which a separate evaluation is being sought have already been compensated by an assigned evaluation under a different DC.” Lyles v. Shulkin, 29 Vet.App. 107, 109 (2017). Further, a veteran with a musculoskeletal disability, such as Mr. Wilson’s left knee disability, may be entitled to a higher disability evaluation than that supported by mechanical application of the schedule where there is evidence that the disability causes “additional functional loss—i.e., ‘the inability . . . to perform the normal working movements of the body with normal excursion, strength, speed, coordination[,] and endurance’— including as due to pain and/or other factors” or “reduction of a joint’s normal excursion of movement in different planes, including changes in the joint’s range of movement, strength, fatigability, or coordination.” Id. at 117-18 (quoting 38 C.F.R. § 4.40 and citing 38 C.F.R. § 4.45); see Sharp v. Shulkin, 29 Vet.App. 26, 32 (2017) (“Flare-ups . . . must be factored into an examiner’s assessment of functional loss”); Mitchell v. Shinseki, 25 Vet.App. 32, 36-37 (2011); DeLuca v. Brown, 8 Vet.App. 202, 205-07(1995).;

Single Judge Application; Lyles v. Shulkin, 29 Vet.App. 107, 109 (2017); “entitlement to a separate evaluation in a given case depends on whether the manifestations of disability for which a separate evaluation is being sought have already been compensated by an assigned evaluation under a different DC.” Lyles v. Shulkin, 29 Vet.App. 107, 109 (2017). Further, a veteran with a musculoskeletal disability, such as Mr. Wilson’s left knee disability, may be entitled to a higher disability evaluation than that supported by mechanical application of the schedule where there is evidence that the disability causes “additional functional loss—i.e., ‘the inability . . . to perform the normal working movements of the body with normal excursion, strength, speed, coordination[,] and endurance’— including as due to pain and/or other factors” or “reduction of a joint’s normal excursion of movement in different planes, including changes in the joint’s range of movement, strength, fatigability, or coordination.” Id. at 117-18 (quoting 38 C.F.R. § 4.40 and citing 38 C.F.R. § 4.45); see Sharp v. Shulkin, 29 Vet.App. 26, 32 (2017) (“Flare-ups . . . must be factored into an examiner’s assessment of functional loss”); Mitchell v. Shinseki, 25 Vet.App. 32, 36-37 (2011); DeLuca v. Brown, 8 Vet.App. 202, 205-07(1995).;

by The Editor
October 18, 2021
0

Single Judge Application; Lyles v. Shulkin, 29 Vet.App. 107, 109 (2017); “entitlement to a separate evaluation in a given case depends on whether the manifestations of disability for which ...

Dolbin v. McDonough, No. 21-2890(DATED: August 26, 2021); Appeals Improvement and Modernization Act of 2017 (VAIMA); Under VAIMA, appeals in RAMP are docketed in the order that they are received on a dedicated docket. Pub. L. No. 115-55, § 4(b)(3)(B)(i)(II), 131 Stat. 1105, 1121; VAIMA makes clear that RAMP operates independently of the existing “legacy” appeals system. Pub. L. No. 115-55, § 4(b)(1), 131 Stat. at 1120 (“The Secretary of Veterans Affairs may, under subsection (a)(1), carry out a program to provide the option of an alternative appeals process”); The Act also clearly sets out a first-come, first-served docketing system for RAMP appeals; Section 4(b)(3)(B) requires the Board to “maintain fully developed appeals on a separate docket than standard appeals” and to “decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket.” Id. § 4(b)(3)(B)(i)(I)-(II), 131 Stat. at 1121;

Dolbin v. McDonough, No. 21-2890(DATED: August 26, 2021); Appeals Improvement and Modernization Act of 2017 (VAIMA); Under VAIMA, appeals in RAMP are docketed in the order that they are received on a dedicated docket. Pub. L. No. 115-55, § 4(b)(3)(B)(i)(II), 131 Stat. 1105, 1121; VAIMA makes clear that RAMP operates independently of the existing “legacy” appeals system. Pub. L. No. 115-55, § 4(b)(1), 131 Stat. at 1120 (“The Secretary of Veterans Affairs may, under subsection (a)(1), carry out a program to provide the option of an alternative appeals process”); The Act also clearly sets out a first-come, first-served docketing system for RAMP appeals; Section 4(b)(3)(B) requires the Board to “maintain fully developed appeals on a separate docket than standard appeals” and to “decide fully developed appeals in the order that the fully developed appeals are received on the fully developed appeal docket.” Id. § 4(b)(3)(B)(i)(I)-(II), 131 Stat. at 1121;

by The Editor
August 30, 2021
0

Dolbin v. McDonough, No. 21-2890(DATED: August 26, 2021); Appeals Improvement and Modernization Act of 2017 (VAIMA); Under VAIMA, appeals in RAMP are docketed in the order that they are received ...

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