Bva decisions 20157/25/2023 Second, the BVA Veterans Law Judge considered, without any explanation, routine lay statements of symptoms of sleep apnea as 'not. First, it failed to consider the nexus between the veteran's deviated septum treatment in service and his sleep apnea. He is not permanently housebound by reason of his service-connected disabilities. The BVA denied a veteran service connection for sleep apnea, and made several errors in doing so. I have additional evidence to send to the Board. NOD was 2015, Up to date as of August 23, 2019, at 9:10 a.m. The Veteran does not have the requisite combinations of loss of use or anatomical loss of feet, hands, legs, arms, blindness, deafness, or prosthesis for higher SMC ratings. Its over 1270 days, just to get to the BVA. The Veteran has additional service-connected cervicogenic headaches independently ratable at 50 percent resulting in SMC rated between (l) and (m), and PTSD independently ratable at 100 percent, resulting in SMC rated between (m) and (n).Ĥ. me is that assuming that VBA does its work through the current backlog by 2015. Handling Vacated Decisions If the Board of Veterans Appeals (BVA) grants a motion for reconsideration (MFR), a motion to vacate, or a motion for revision based on clear and unmistakable error (CUE), the action has the effect of vacating BVA’s original decision(s) on the issue(s). He is entitled to SMC (l) for the need for aid and attendance as a result of his service-connected Parkinson's disease (and associated disabilities), bilateral upper extremity radiculopathy and limitation of motion of the left arm, cervical spondylosis, diabetes mellitus and associated bilateral extremity peripheral neuropathy. A Review of the Post-decision Process for Appealed Veterans' Disability. MANAR, DEPUTY DIRECTOR NATIONAL VETERANS SERVICE VETERANS OF FOREIGN WARS OF THE UNITED STATES BEFORE THE COMMITTEE ON VETERANS’ AFFAIRS SUBCOMMITTEE ON DISABILITY AND MEMORIAL AFFAIRS WITH RESPECT TO Veterans’ Dilemma: Navigating the Appeals System for Veterans Claims WASHINGTON, D.C. The Veteran is entitled to SMC (k) for loss of use of a creative organ. judicial review of VA decisions in the new United States Court of Appeals for. The Veteran has moderate incomplete paralysis of the long thoracic nerve.ģ. 2015 and ensuring expeditious delivery of benefits and services to. ![]() ![]() The Veteran's posttraumatic neuritis of the dorsal spine with radicular pain to the left chest associated with a shell fragment wound manifested in pain in the left chest area. Resolving reasonable doubt in the Veteran's favor, he fractured his cervical spine (C2 compression fracture) as a result of a fall caused by a service-connected disability.Ģ.
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