:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/T56ADX64ANDYNP5MWRKCULXRZA.jpg)
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/QBYJTGYCQBHSVITAL32RAO7HAA.jpg)
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/YVREBMCGTNFNTI6PSBKVQDR7CU.jpg)
![Secretary concession SMC part of every claim for increase; The Secretary further concedes that because SMC is an issue within an increased rating claim, the Board should have considered whether the appellant filed a claim for an increased disability rating for his left eye condition earlier than January 2014 or, at a minimum, considered 38 C.F.R. § 3.400(o)(2), which allows under certain circumstances an effective date up to 1 year prior to the date of a claim for increase. Secretary’s Br. at 9.; the Secretary further concedes that, to the extent that SMC may be considered part of a claim for increased compensation, see Akles v. Derwinski, 1 Vet.App. 118, 121 (1991) (concluding that the RO “should have inferred from the veteran’s request for an increase in benefits . . . a request for [SMC] whether or not it was placed in issue by the veteran”), the Board should have addressed whether the appellant sought SMC through an increased rating claim for his left eye disability prior to January 2014 or whether 38 C.F.R. § 3.400(o)(2) applied. See Secretary’s Br. at 8-10. The Court will accept the Secretary’s concession, ;](https://www.hadit.com/wp-content/uploads/2022/05/Hadit-Final-Logo-Transparent.png){kind=logo}
- Latest
- Trending
From one family's tradition, a movement was born that now stretches from Canada's coast to coast. The mission of No Stone Left Alone is to see students place a ... ...
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/M62CLOFNKRCDBKHMVLK4LOJQTQ.jpg)
Congress enters November with just four legislative weeks left in 2021 but a long list of work to be finished before the end of the year. Atop the list for ...
Dozens of family members and people from the community gathered around as Vietnam War veteran Thomas Lee was surprised with a park bench engraved with his name at the Veterans ...
This article first appeared on The War Horse, an award-winning nonprofit news organization educating the public on military service. Subscribe to their newsletter. Cape Town, South Africa, has a cannon. Technically, it has the Noon Gun. ...
![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).;](https://hadit.com/wp-content/uploads/tshirt-Hadit.com-Business-Card-Back-3-1024x585.png)
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 ...
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/3XG5C5YE5FA2HNL3NTJGJEZN2E.jpg)
Tens of thousands of Veterans Affairs employees have only a few days or weeks left to get vaccinated against coronavirus or else face discipline for their refusal, including possible firings.At ...
:quality(70)/cloudfront-us-east-1.images.arcpublishing.com/mco/U3WXTSNMABCNTMOUR67MP7LJJQ.jpg)
Secretary of State Antony Blinken on Friday acknowledged significant failures in his department’s Special Immigrant Visa program designed to bring vulnerable Afghan allies to safety in the United States, but ...
Today #nolawfirmleftbehind focuses our attention to help our Military Veterans during an impending crisis, the moratorium on evictions during COVID-19. source
As US forces push on with a speedy withdrawal from Afghanistan, veterans of the 20-year conflict are scrambling to save the Afghan interpreters they once worked alongside, and whose lives ...
Own and operated by The Ike Lemuwa Group, LLC a Commonwealth of Virginia Limited Liability Company, USA.
Info@nigeriasmartnews.com / info@ikelemuwagroup.com
Toll-Free: 1 888 642 8433
3821 Dominion Drive Dumfries, Virginia, 22026. USA
