Jump to content
Using an Ad Blocker? Consider adding HadIt.com as an exception. Hadit.com is funded through advertising, ad free memberships, contributions and out of pocket. ×
  • 0

One More July 2006 Cavc Decision


Berta

Question

http://webisys.vetapp.gov/isysquery/irld967/26/doc

in part:

"Although we find clear error in the Board's statement of reasons or bases, we cannot at this time conclude, without sufficient evidence as to whether it is possible that Mr. Roper's level of hearing loss could have causally contributed to the force at which he turned and disabled his knee, that only one permissible resolution of the matter exists, namely reversal . See Pullman-Standard, supra. Accordingly, we remand this matter to the Board for further proceedings consistent with this decision."

The court states these claims issues have been pending for 14 years already-and

"III. CONCLUSION

Upon consideration of the foregoing, the December 5, 2003, Board decision is AFFIRMED as to its determination regarding Mr. Roper's combined disability rating award for his hearing loss and depression; and VACATED as to its determinations regarding his secondary-service- connection claims for a right-knee and left-leg condition; and those matters are REMANDED for readjudication consistent with this opinion. "

The veteran claims his in-service hearing loss caused him to fail to hear warning shouts in service,that ultimately caused the accident that resulted in the knee-leg disability.

Link to comment
Share on other sites

  • Answers 0
  • Created
  • Last Reply

Top Posters For This Question

Popular Days

Top Posters For This Question

0 answers to this question

Recommended Posts

There have been no answers to this question yet

Guest
This topic is now closed to further replies.
  • Ads

  • Ads

  • Ads

  • Our picks

  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • How to get your questions answered...

    question-001.jpeg

    All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.
    2. Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.
    3. Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.

    Leading to:

    Post clear questions and then give background info on them.

    Examples:

    • A. I was previously denied for apnea – Should I refile a claim?
      • was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?
    • B. I may have PTSD- how can I be sure?
      • I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?

    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

    Note:

    Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

    This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

×
×
  • Create New...

Important Information

{terms] and Guidelines