Excerpt from decision below: “We hold (1) the Court may, in appropriate situations, certify classes in the context of an individual appeal of a Board decision; (2) our jurisdiction allows us to include in such classes both persons who have obtained a final Board decision as well as those who have not; and (3) as in the petition context, we will use Federal Rule of … [Read more...] about Skaar v. Wilkie, No. 17-2574( DATED: December 6, 2019); class certification;
Uncategorized
Federal Circuit application; Section 5110(g) of title 38; effective date for claim based on new liberalizing regulation; Agent Orange; Diabetes; Coronary heart disease; McCay, 106 F.3d at 1581–82;
NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit JACK DAVIS, Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2019-2239 Appeal from the United States Court of Appeals for Veterans Claims in No. 17-4975, Judge William S. Green-berg. Decided: December 5, 2019 JACK DAVIS, St. Louis, MO, … [Read more...] about Federal Circuit application; Section 5110(g) of title 38; effective date for claim based on new liberalizing regulation; Agent Orange; Diabetes; Coronary heart disease; McCay, 106 F.3d at 1581–82;
NOS.16-3558 AND 18-0701 DEBRA SAPP v. WILKIE and NO.16-2104 BETTIE SAPP v. SHULKIN; simultaneously contested claim for survivor benefits;
Excerpt from decision below: “This matter sua sponte was referred to a panel of the Court to address the consolidation motion and to consider the related issues of the import of Bettie’s appeal and mandate in #16-2104 and whether VA’s undisputed failure to comply with simultaneously contested claims procedures was prejudicial error. We hold that, because, in a … [Read more...] about NOS.16-3558 AND 18-0701 DEBRA SAPP v. WILKIE and NO.16-2104 BETTIE SAPP v. SHULKIN; simultaneously contested claim for survivor benefits;
Blue Water Navy Vietnam Veterans Act of 2019; Public Law 116-23; Agent Orange related presumptive condition; 38 CFR 3.309(e);
The U.S. Department of Veterans Affairs (VA) is preparing to process Agent Orange exposure claims for “Blue Water Navy” Veterans who served offshore of the Republic of Vietnam between Jan. 9, 1962, and May 7, 1975. These Veterans may be eligible for presumption of herbicide exposure through Public Law 116-23, Blue Water Navy Vietnam Veterans Act of … [Read more...] about Blue Water Navy Vietnam Veterans Act of 2019; Public Law 116-23; Agent Orange related presumptive condition; 38 CFR 3.309(e);
Single Judge Application; hearing loss; De Perez v. Derwinski, 2 Vet.App. 85, 86 (1992); Court generously construes the arguments of pro se appellants; VA’s duty to maximize benefits, explore whether ratable under alternative means; Bradley v. Peake, 22 Vet.App. 280, 294 (2008);
Excerpt from the decision below: ” Generously construing the appellant’s brief, we are asked to decide whether the Board erred in denying an increased rating for right ear hearing loss and failing to address lay evidence that the veteran’s hearing loss causes depression, anxiety, and trouble understanding words. See De Perez v. Derwinski, 2 Vet. App. 85, 86 (1992)(the Court … [Read more...] about Single Judge Application; hearing loss; De Perez v. Derwinski, 2 Vet.App. 85, 86 (1992); Court generously construes the arguments of pro se appellants; VA’s duty to maximize benefits, explore whether ratable under alternative means; Bradley v. Peake, 22 Vet.App. 280, 294 (2008);
