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The private medical opinion was discounted as it was based upon lay statements and the 1997 and 1999 VA opinions were deemed equivocal. The United States Court of Appeals for Veterans Claims (Veterans Court), in affirming the Board of Veterans Appeals denial, indicated that the Board did not err in determining that the lay evidence lacked ...
The VA Regional Office denied the claim, citing that there was no evidence of continuity of symptomatology since service. The Board of Veterans' Appeals upheld the denial, reasoning that the report from his doctor simply transcribed Jandreau's own lay history. The Board also found that the statements provided by the Veteran and his fellow ...
The VA Regional Office denied the claim and the Veteran filed a Notice of Disagreement. [ 1 ] In December 1997, the Veteran provided a statement that his condition started in 1966 but only started causing him pain 30 years after service.
The Court stated that in regards to the tinnitus claim, the VA failed to fulfill its duty to assist. The Court pointed out that tinnitus is capable of lay observation. Since the Veteran provided competent and credible lay evidence that the condition “may be associated with [his] active service”, VA’s duty to assist requires that a medical ...
Secretary of Veterans Affairs (Fed. Cir. 2017)] erroneous mutual exclusivity theory survives, DVA [Department of Veterans Affairs] can insulate substantive rules and generally applicable policy statements and interpretations, and avoid pre-enforcement judicial review, simply by promulgating them through the Manual. [12] In NOVA v.
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