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29,662 questions in this forum
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Deluca Vs Brown
UNITED STATES COURT OF VETERANS APPEALS No. 94-242 Guido DeLuca, Appellant, v. Jesse Brown, Secretary of Veterans Affairs, Appellee. On Appeal from the Board of Veterans' Appeals (Argued July 31, 1995 Decided September 22, 1995 ) Susan Paczak for the appellant. Amy S. Gordon, with whom Mary Lou Keener, General Counsel; Norman G. Cooper, Assistant General Counsel; and Adrienne Koerber, Deputy Assistant General Counsel, were on the brief, for the appellee. Before NEBEKER, Chief Judge, and KRAMER and STEINBERG, Judges. STEINBERG, Judge: The appellant, Korean conflict veteran Guido DeLuca, appeals an October 28, 1993, Board of Veterans' Appeals (BVA or Board…
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Sec. 3.310 Proximate Results, Secondary Conditions.
[Code of Federal Regulations] [Title 38, Volume 1, Parts 0 to 17] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.310] [Page 224] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Sec. 3.310 Proximate results, secondary conditions. (a) General. Disability which is proximately due to or the result of a service-connected disease or injury shall be service connected. When…
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ptsd Samuels V. West
DOCKET NO.: 96-402 ACTIVITY: RATING NAME: Samuels v. West ISSUE(S): Well-grounded claim ACTION BY COURT: Affirmance DECISION DATE: 9/23/98 FACTS: The veteran entered service in October 1970. The entrance physical examination report recorded a normal psychiatric condition. Seventeen days after the veteran entered service, a medical report noted he complained of being scared around weapons because he had accidentally shot a girlfriend prior to service. An Army medical board restricted the veteran from the use of weapons. He was subsequently discharged after serving three months and twenty-three days for failing to meet medical fitness standards a…
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ptsd Posttraumatic Stress Disorder (ptsd)
BACKGROUND WHAT VA IS DOING For more information on VA research: Web: www.research.va.gov Tel: (410) 962-1800, ext. 223 July 2006 Development Research PTSD Posttraumatic Stress Disorder (PTSD) is a psychiatric disorder that can affect people who have experienced life-threatening events, such combat, a terrorist attack, or a personal assault. Symptoms include flashbacks, nightmares, depression and social withdrawal, as well as physical health changes. Treatment often includes cognitivebehavioral therapy, with safe, controlled imagining or simulations of the traumatic event. Areas of focus for VA research on PTSD include evaluations of treatments involving …
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Sec. 4.42 Complete Medical Examination Of Injury Cases.
[Code of Federal Regulations] [Title 38, Volume 1, Parts 0 to 17] [Revised as of July 1, 1998] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.42] [Page 345-346] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Sec. 4.42 Complete medical examination of injury cases. The importance of complete medical examination of injury cases at the time of first medical examination by the Department of Veterans Affairs cannot be overemphasized. Whe…
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Sec. 14.633 Termination Of Accreditation Of Agents, Attorneys, And Representatives.
[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR14.633] [Page 539-541] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 14--LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS--Table of Contents Sec. 14.633 Termination of accreditation of agents, attorneys, and representatives. (a) Accreditation may be canceled at the request of an agent, attorney, representative, or organization. (b) Accreditation shall be canceled at such time a determination is made…
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Reviewing The Evidence Of Record
M21-1-4 Authorization Procedures Reviewing the Evidence of Record Introduction The claimant can present documentary evidence as well as oral testimony at the hearing or informal conference. After the hearing, review all the evidence of record. The hearing official has a duty to assist the claimant in obtaining evidence to support his/her claim. New Issues If new issues separate from the decision in question are raised by the claimant at the hearing, refer the issue(s) to the appropriate VSC activity for development and decision. If the new issue can be resolved at the same time as the decision in question, resolve it. Note: Do not delay making a decision on the issu…
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diabetes New To Board
Hello all hope I am doing this right. I have read many post on this board and it has been very helpful for me in my claims. A little back ground, 2004 I was diagnozed with diabetes 2 and it has been going downhill real fast since then. I was awarded 20 for Diabetes and 10% each foot for Neoraphy, but denied heart disease. I had chest pain and fatigue and dizziness. Total award was 40% In 2005 I had a heart attack and was awarded 70% with 100% for 3 months, during the heart attack I had emergency angioplasty with a stent insertion and limited activity after for 3-4 weeks. Recently lets say Sept/Oct 06 I started having chest pains and sleepless nights. Having to p…
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§4.40 Functional Loss.
§4.40 Functional loss. Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequ…
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3.328 Lndependent Medical Opinions.
3.328 lndependent medical opinions. (a) General. When warranted by the medical complexity or controversy involved in a pending claim, an advisory medical opinion may be obtained from one or more medical experts who are not employees of VA. Opinions shall be obtained from recognized medical schools, universities, clinics or medical institutions with which arrangements for such opinions have been made, and an appropriate official of the institution shall select the individual expert(s) to render an opinion. (b) Requests. A request for an independent medical opinion in conjunction with a claim pending at the regional office level may be initiated by the office having jur…
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§20.901 Rule 901. Medical Opinions And Opinions Of The General Counsel
§20.901 Rule 901. Medical opinions and opinions of the General Counsel. (a) Opinion from the Veterans Health Administration. The Board may obtain a medical opinion from an appropriate health care professional in the Veterans Health Administration of the Department of Veterans Affairs on medical questions involved in the consideration of an appeal when, in its judgment, such medical expertise is needed for equitable disposition of an appeal. (Authority: 38 U.S.C. 5107(a)) (b) Armed Forces Institute of Pathology opinions. The Board may refer pathologic material to the Armed Forces Institute of Pathology and request an opinion based on that material. (Authority: 3…
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I Am So Afraid
I think I did a bad thing My husband got Total unemplyoablity after years of trying and he also got another payment for a penis deformity because he was squeesed betweent tow 5 ton trucks. I have wrote on here several times so if you want to see the postings you will underdstand this post better. Anyway, I made a claim for a Eearlier effective date and everythig was denied and now they stated or seems by what I read was they will be taking away his unemployablity. All I tried to do was exdplain to them was that he broke his back in 79 and we wanted a earlier effective date because they only went back to 2003. I am so confused. Why did they give my husband a C&P e…
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