person

Single Judge Application; Wait v. Wilkie, 33 Vet.App. (2020); The Court held in Wait v. Wilkie, 33 Vet.App. 8, 17 (2020), that “[t]o establish the presence of a disability . . . there must be competent evidence specific to the claimant tending to show that his or her impairment rises to a level to affect earning capacity, which may include showing manifestations of a similar severity, frequency, and duration as those VA has determined by regulation would cause impaired earning capacity in an average person.”;

[ad_1] Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-9062ANDREW M. THORPE, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS…

2 years ago

Panel Application; educational benefits; 38 C.F.R. § 21.9635(o); Carr, 961 F.3d at 173; the Federal Circuit interpreted the phrase “may receive” as referring only to an initial calculation of a veteran’s entitlement and not to the amount of benefits that a person may, in fact, receive; It then concluded that the statute does not preclude an individual, who has accumulated and used a total of 48 months of educational benefits from a combination of chapters, from receiving an extension in benefits until the end of a semester. Carr, 961 F.3d at 173;

[ad_1] UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 16-3438SAMANTHA E. CARR, APPELLANT,V.DENIS MCDONOUGH,SECRETARY OF VETERANS AFFAIRS, APPELLEE.ROBERT M. CARR,…

2 years ago