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Bailey v. Wilkie, No. 19-2661(Argued July 27, 2020 Decided January 6, 2021); prostate cancer; whether DC 7528 permits or prohibits separate evaluation of non-voiding and non-renal dysfunction of prostate cancer such as diarrhea and lymphedema;

=============== “As for Sellers, although that decision post-dated the 2015 amendments to §§ 3.155 and 3.160, the Federal Circuit’s holding that “a veteran’s formal claim is required to identify the sickness, disease, or injuries for which compensation is sought, at least at a high level of generality,” 965 F.3d at 1338, does not mean, as the Secretary … [Read more...] about Bailey v. Wilkie, No. 19-2661(Argued July 27, 2020 Decided January 6, 2021); prostate cancer; whether DC 7528 permits or prohibits separate evaluation of non-voiding and non-renal dysfunction of prostate cancer such as diarrhea and lymphedema;

Long v. Wilkie, No. 16-1537(Argued August 28, 2019 Decided December 30, 2020); referral for extraschedular consideration; 38 C.F.R. § 3.321(b)(1); “exceptional” or “unusual” disability; symptoms that may prove exceptional, Doucette, 28 Vet.App. at 371; “rating schedule must be deemed inadequate before extraschedular consideration is warranted.” Sowers v. McDonald, 27 Vet.App. 472, 478 (2016); a valid DSM-5 diagnosis is required to compensate a psychiatric disability, Martinez-Bodon v. Wilkie, 32 Vet.App. 393, 404 (2020); linkage between the alleged complaint and an underlying disability, King v. Shulkin, 29 Vet.App. 174, 182 (2017);

… [Read more...] about Long v. Wilkie, No. 16-1537(Argued August 28, 2019 Decided December 30, 2020); referral for extraschedular consideration; 38 C.F.R. § 3.321(b)(1); “exceptional” or “unusual” disability; symptoms that may prove exceptional, Doucette, 28 Vet.App. at 371; “rating schedule must be deemed inadequate before extraschedular consideration is warranted.” Sowers v. McDonald, 27 Vet.App. 472, 478 (2016); a valid DSM-5 diagnosis is required to compensate a psychiatric disability, Martinez-Bodon v. Wilkie, 32 Vet.App. 393, 404 (2020); linkage between the alleged complaint and an underlying disability, King v. Shulkin, 29 Vet.App. 174, 182 (2017);

FedCir; Murphy v. Wilkie, No. 2019-2064(Decided: December 21, 2020); reopen claim; Clemons v. Shinseki, 23 Vet. App. 1 (2009); Boggs v. Peake, 520 F.3d 1330 (Fed. Cir. 2008); determining the scope of a veteran’s claim; ‘factual basis’ of a claim for purposes of 38 U.S.C. § 7104(b) is the veteran’s [actual] disease or injury rather than the symptoms of the veteran’s disease or injury; Boggs and Clemons present principles to use in determining the scope of a veteran’s claim;

… [Read more...] about FedCir; Murphy v. Wilkie, No. 2019-2064(Decided: December 21, 2020); reopen claim; Clemons v. Shinseki, 23 Vet. App. 1 (2009); Boggs v. Peake, 520 F.3d 1330 (Fed. Cir. 2008); determining the scope of a veteran’s claim; ‘factual basis’ of a claim for purposes of 38 U.S.C. § 7104(b) is the veteran’s [actual] disease or injury rather than the symptoms of the veteran’s disease or injury; Boggs and Clemons present principles to use in determining the scope of a veteran’s claim;

Skaar v. Wilkie, No. 17-2574(Argued September 2, 2020 December 17, 2020); “sound evidence” requirement applies to both subsections (1) and (2) of § 3.311(c); radiation dose in the context of 38 C.F.R. § 3.311; leukopenia; ionizing radiation; plutonium; Palomares, Spain;

… [Read more...] about Skaar v. Wilkie, No. 17-2574(Argued September 2, 2020 December 17, 2020); “sound evidence” requirement applies to both subsections (1) and (2) of § 3.311(c); radiation dose in the context of 38 C.F.R. § 3.311; leukopenia; ionizing radiation; plutonium; Palomares, Spain;

Kennedy v. Wilkie, No. 19-0256 (Argued August 18, 2020 Decided December 9, 2020); what constitutes a “rule” under the APA; definition of “VA issue” under § 3.114(a); VA Fast Letter 13-04 does not constitute a “law” or “VA issue approved by the Secretary or by the Secretary’s direction” under 38 C.F.R. § 3.114(a); VA Fast Letter 13-04 does not qualify as a law or VA issue;

… [Read more...] about Kennedy v. Wilkie, No. 19-0256 (Argued August 18, 2020 Decided December 9, 2020); what constitutes a “rule” under the APA; definition of “VA issue” under § 3.114(a); VA Fast Letter 13-04 does not constitute a “law” or “VA issue approved by the Secretary or by the Secretary’s direction” under 38 C.F.R. § 3.114(a); VA Fast Letter 13-04 does not qualify as a law or VA issue;

Dallman v. Wilkie, No.18-4075(Argued July 16, 2020 Decided November 30, 2020); Court holds that the Board’s finding that the December 1999 rating decision was final does not constitute a final decision; Acosta v. Principi, 18 Vet.App. 53 (2004), not cited by either party, counsels this Court that once the Board reopens a claim and remands it for adjudication of service connection on the merits, the finality issue may only be litigated downstream;

… [Read more...] about Dallman v. Wilkie, No.18-4075(Argued July 16, 2020 Decided November 30, 2020); Court holds that the Board’s finding that the December 1999 rating decision was final does not constitute a final decision; Acosta v. Principi, 18 Vet.App. 53 (2004), not cited by either party, counsels this Court that once the Board reopens a claim and remands it for adjudication of service connection on the merits, the finality issue may only be litigated downstream;

Experimental drug restores memory function months after traumatic brain injury (TBI), and prevents noise-related hearing loss.

According to a new study by UC San Francisco scientists a drug, called ISRIB, has been shown in animal laboratory studies to restore memory function months after traumatic brain injury (TBI), reverse cognitive impairments in Down Syndrome , prevent noise-related hearing loss, fight certain types of prostate cancer , and even enhance cognition in healthy animals. Full article … [Read more...] about Experimental drug restores memory function months after traumatic brain injury (TBI), and prevents noise-related hearing loss.