United States Court of Appeals for the Federal Circuit ADOLFO R. ARELLANO, Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee 2020-1073 Appeal from the United States Court of Appeals for Veterans Claims in No. 18-3908. SUA SPONTE HEARING EN BANC JAMES R. BARNEY, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for … [Read more...] about Arellano v. Wilkie, No. 2020-1073 ; Does the rebuttable presumption of the availability of equitable tolling articulated in Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), apply to 38 U.S.C. § 5110(b)(1); availability of equitable tolling in benefits programs that include timing provisions similar to § 5110;
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Single Judge Application; radiculopathy; Board is required to discuss relevant provisions from the VA’s Adjudications Procedures Manual (M21-1), see Overton v. Shinseki, 30 Vet.App. 257, 264 (2018), despite not being bound by the manual, see Gray v. Shinseki, 875 F.3d 1102, 1108 (Fed. Cir. 2017); M21-1 contains general guidelines for distinguishing between “mild,” “moderate,” “moderately severe,” and “severe” levels of incomplete paralysis; M21-1, pt. III, subpt. iv, ch. 4, § N.4.c (June 2018);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-1734LARRY D. SHUTTLESWORTH, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before PIETSCH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. PIETSCH, Judge: The appellant, Larry D. Shuttlesworth, … [Read more...] about Single Judge Application; radiculopathy; Board is required to discuss relevant provisions from the VA’s Adjudications Procedures Manual (M21-1), see Overton v. Shinseki, 30 Vet.App. 257, 264 (2018), despite not being bound by the manual, see Gray v. Shinseki, 875 F.3d 1102, 1108 (Fed. Cir. 2017); M21-1 contains general guidelines for distinguishing between “mild,” “moderate,” “moderately severe,” and “severe” levels of incomplete paralysis; M21-1, pt. III, subpt. iv, ch. 4, § N.4.c (June 2018);
Single Judge Application; Parkinson’s disease due to herbicide exposure; DoD information shows that testing for Agent Orange aircraft spraying techniques was conducted from 1962 to 1971 at Eglin [AFB]; test site C-52A; “[i]f a veteran was exposed to an herbicide agent during active military, naval, or air service,” the later development of certain conditions—including Parkinson’s disease—will be presumed caused by such exposure. 38 C.F.R. § 3.309(e) (2020); 38 C.F.R. § 3.307(a)(6)(iii), (iv), (v) (2020) (providing a presumption of exposure to herbicides for certain veterans who served in Vietnam and the Korean demilitarized zone, or who operated, maintained, or served onboard C-123 aircraft known to have been used to spray herbicides during the Vietnam era);
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-4176LEO W. PERRY, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before MEREDITH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.MEREDITH, Judge: The appellant, Leo W. Perry, through counsel … [Read more...] about Single Judge Application; Parkinson’s disease due to herbicide exposure; DoD information shows that testing for Agent Orange aircraft spraying techniques was conducted from 1962 to 1971 at Eglin [AFB]; test site C-52A; “[i]f a veteran was exposed to an herbicide agent during active military, naval, or air service,” the later development of certain conditions—including Parkinson’s disease—will be presumed caused by such exposure. 38 C.F.R. § 3.309(e) (2020); 38 C.F.R. § 3.307(a)(6)(iii), (iv), (v) (2020) (providing a presumption of exposure to herbicides for certain veterans who served in Vietnam and the Korean demilitarized zone, or who operated, maintained, or served onboard C-123 aircraft known to have been used to spray herbicides during the Vietnam era);
Single Judge Application; Kahana v. Shinseki, 24 Vet.App. 428, 435 (2011); Fears v. Wilkie, 31 Vet.App. 308, 314 (2019); because the veteran’s account of his history of pain post-dated and was not reflected in the VA examiner’s opinion, the Court must vacate;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-4368KELVIN GUINYARD, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before TOTH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.TOTH, Judge: Kelvin Guinyard challenges an April 2019 Board decision … [Read more...] about Single Judge Application; Kahana v. Shinseki, 24 Vet.App. 428, 435 (2011); Fears v. Wilkie, 31 Vet.App. 308, 314 (2019); because the veteran’s account of his history of pain post-dated and was not reflected in the VA examiner’s opinion, the Court must vacate;
Single Judge Application; Walsh v. Wilkie, Vet.App., 2020 WL 878798 (Feb. 24, 2020) at *5 (holding that G.C. Prec. 1-2017 requires the Board to consider aggravation in the context of these claims when the theory is explicitly raised by the veteran or reasonably raised by the record); VA General Counsel (VAGC) precedent opinion determined that “[o]besity may be an ‘intermediate step’ between a service-connected disability and a current disability that may be service connected on a secondary basis under 38 C.F.R. § 3.310(a),” VA Gen. Coun. Prec. 1-2017 (Jan. 6, 2017), at 2, ¶ 5;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-1043ROBERT E. LUNDQUEST, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before BARTLEY, Chief Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.BARTLEY, Chief Judge: Veteran Robert E. Lundquest … [Read more...] about Single Judge Application; Walsh v. Wilkie, Vet.App., 2020 WL 878798 (Feb. 24, 2020) at *5 (holding that G.C. Prec. 1-2017 requires the Board to consider aggravation in the context of these claims when the theory is explicitly raised by the veteran or reasonably raised by the record); VA General Counsel (VAGC) precedent opinion determined that “[o]besity may be an ‘intermediate step’ between a service-connected disability and a current disability that may be service connected on a secondary basis under 38 C.F.R. § 3.310(a),” VA Gen. Coun. Prec. 1-2017 (Jan. 6, 2017), at 2, ¶ 5;
