What is the Deep Issue in the Case? This case involved one issue, framed in 3 ways. In this case, the veteran was receiving disability compensation from the VA when he returned to active military service. His VA benefits were automatically terminated…
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Tags: 38 CFR 3.654, 38 USC 1110, 38 USC 501, 38 USC 5304(c), A. Jaeger, American Legion, Chevron deference, Cleveland OH VARO, Debra L. Bernal, Judge Amanda L. Meredith, Judge Joseph L. Falvey Jr., Judge William S. Greenberg, NVL, Stacy Tromble, Surplusage Canon
What is the Deep Issue in the Case? Extra-schedular consideration should be considered “where the schedular evaluations are found to be inadequate.” 38 C.F.R. § 3.321(b)(1) (emphasis added). The herring loss rating criteria are largely b…
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Tags: 38 CFR 3.321(b), Ashley D. Varga, CCK, Cleveland OH VARO, Demetrios G. Orfanoudis, , Judge Mary J. Schoelen, Judge Michael Allen, Judge William S. Greenberg, Linden K. Nash, panel, precedential, Thun