What is the Deep Issue in the Case? New and material evidence received between the issuance of a VA Ratings Decision and a Notice of Disagreement is considered as filed in connection with the claim which was pending at the beginning of the appeal per…
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Tags: 38 C.F.R. 3.156(b), Auer v. Robbins 519 U.S. 452 (1997), Chief Judge Robert N. Davis, Jonathan B. Kramer, Judge Coral W. Pietsch, Judge Michael Allen, Lindsay Gower, Little Rock AR VARO, Military Order of the Purple Heart, new and material evidence, regulatory interpretation, reopen
What is the Deep Issue in the Case? The Court of Appeals for Veterans Claims has laid out clear standards for determining the adequacy of a VA expert opinion in a VA disability compensation claim. Accord, e.g., Monzingo v. Shinseki, 26 Vet.App. 97 (2…
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Tags: 2018 Panel, Chief Judge Robert N. Davis, Dr. David Anaise M.D./J.D., Federal Rules of Evidence, Jonathan B. Kramer, Judge Margaret Bartley, Judge Mary J. Schoelen, Medical Expert, ptsd, Ronen Z. Morris, sleep apnea, St. Petersburg FL VARO