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So now the bva can say the benefit of doubt isn't applicable in veteran claims
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Mr cue
Ok this is crazy I have never seen this before in any of my case.
Ok this is the bva decision on my increase on the adjustment disorder and I guess the decision for smc l
Need of help for this condition.
The Board acknowledges the Veteran’s assertions of entitlement to an increased rating. Further, the Board notes that the treatment records demonstrate that the Veteran had symptoms associated with both a 70 percent disability rating, such as obsessional rituals which interfere with routine activities and near-continuous panic or depression affecting the ability to function independently, and symptoms associated with a 100 percent disability rating, such as intermittent inability to perform activities of daily living, including maintenance of minimal personal hygiene. However, the weight of the medical and lay evidence shows that the severity, frequency, and duration of the Veteran’s listed and unlisted symptoms more closely approximate the symptoms contemplated by a 70 percent disability rating, which are less severe, less frequent, and shorter in duration than those contemplated by a 100 percent disability rating, throughout the period on appeal. See 38 C.F.R. § 4.1
Based on the foregoing, the Board finds the Veteran’s adjustment disorder symptomology has been productive of, at most, occupational and social impairment with deficiencies in most areas during the entire appeal period. As such, a rating in excess of 70 percent for the Veteran’s service-connected adjustment disorder with depressed mood is not warranted at any time. The preponderance of the evidence is against the claim and the benefit of the doubt doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert, 1 Vet. App. at 53-56. The claim must be denied.
I have never seen a bva decision like this.
First told I meet both the 70 and 100 rating.
What happen to the veteran will be give the higher of the two rating
Then when is it that the bva can say the benfit of the doubt don't apply in my case. Smh never seen that before on no decision. I might be wrong
It will be remand by the court again for them to play more games smh
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pwrslm
This is very true. Beyond that, the professional that you chose may have a strong effect on the outcome. Lawyers that specialize in Veteran Law have medical professionals that are aware of what the la
pwrslm
V.ii.3.D.2.e. Choosing Between Two Levels of Evaluation 38 CFR 4.7 provides that where there is a question upon review of the evidence as to which of two evaluations shall be assigned
Rattler
And now we know why no one can get anything through the BVA or the Court of Veterans appeals. Mr. CUE has it all tied up. (Just kidding keep it up. You can bet I will.) I have read where the BVA has t
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