This is the first in a series of posts about the VA RAMP Appeals Reform Program, which will be implemented beginning in 2018. THIS IS CRITICAL TO NOTE: Technically, VA RAMP refers to the VA pilot program to implement the Veterans Appeals Improvement… Read More

What is the Deep Issue in the Case? Evidence in the record before the VA may raise notice of pertinent medical records and trigger the duty to assist the appellant to locate and obtain the records. Ivey v. Derwinski, 2 Vet.App. 320 (1992). Before he… Read More

What is the Deep Issue in the Case? Because a medical exam opinion addresses issues of material fact, the BVA must provide a statement of the reasons or bases for its determination that is “adequate to enable a claimant to understand the precise ba… Read More

What is the Deep Issue in the Case? The scope of a claim is determined by a sympathetic assessment of the veteran’s description of the claim, the veteran’s symptoms and information submitted to or received by the VA in support of the claim. Clemo… Read More

What is the Deep Issue in the Case? The need for adequate reasons and bases from a BVA Judge is particularly acute when the findings and conclusions pertain to the degree of disability resulting from a mental health condition. Mittleider v. West, 11… Read More

What is the Deep Issue in the Case? The probative value of a medical opinion in a VA benefits claim derives from the factually accurate, fully articulated, sound reasoning for the conclusion. Nieves-Rodriguez v Peake, 22 Vet. App. 295, 304(2008). The… Read More

What is the Deep Issue in the Case? The Board of Veterans Appeals must analyze the legal credibility and probative value of the evidence, accounting for that which is persuasive or unpersuasive, and providing reasons for rejection material evidence f… Read More

What is the “Deep Issue” in the case? A veteran is entitled to special monthly compensation (SMC) if, owing to a service-connected disability the veteran suffered anatomical loss of use of one or both feet. 38 U.S.C. § 1114(k), (l). A ve… Read More