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Showing results for tags 'presumption of soundness'.
Disproving a discharge for a physical disability existing prior to entry determined by a medical board. Facts. Entered the United States Marine Corps November 7th 1990, discharge date May 20th 1991 for a total of 6 months 14 days. In Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004), the United States Court of Appeals for the Federal Circuit (Federal Circuit) found that, when no preexisting condition is noted upon entry into service, the Veteran is presumed to have been sound upon entry and then the burden falls on the government to rebut the presumption of soundn
I had infant asthma with all signs and symptoms of asthma gone by the time I was 9 or 10 years old. On my pre-enlistment questionnaire, I marked I that I had had asthma (question says do you have or have you had) I had it as a kid and it was gone. I enlisted in the Navy in 1979 and based upon all the research I have been able to find, with any history of asthma, I don't think I should have been allowed to enlist. I have my service records and they are silent of any respiratory testing to enlist. The best I understand is they accepted me with a presumption of soundness. I had not had an
Given this situation: Entrance exam . Decision letter text: Rating criteria This recent BVA CUE win stated the denial was based on verbal statements instead of the presumption of soundness and criteria for aggravation was incorrectly used instead of direct SC. http://www.va.gov/vetapp14/Files3/1422654.txt Question 1 Could the same CUE logic be applied if subjective statements in STRs by the veteran are given more weight than the presumption of soundness and the claim was treated as aggravation instead of direct SC? Question 2 If the