97-192 Trilles v. West RE: New and Material Evidence

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USCAVC Decision

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Davis v. McDonough, No. 18-4371(Argued June 25, 2020 Decided May 18, 2021) ; readjudication in light of Kisor IV; 38 C.F.R. § 3.156(b), when new and material evidence is submitted within the appeal period following a VA decision on a claim, the evidence must be considered in connection with that claim; § 3.156(c) also allows a much earlier effective date when “new and relevant” evidence in the form of service records leads to the award of compensation; a determination that VA fulfilled its duty under § 3.156(b) in the May 2004 RO decision says nothing about the correctness of the May 2004 RO decision;
May 19, 2021
In "VA Law"

Panel Application; Delrio v. Wilkie, 32 Vet.App. 232, 243 (2019); Gabrielson v. Brown, 7 Vet.App. 36, 40 (1994); context for subjective terms contained in the DC; the Board simply relied on the November 2017 examiner’s assessment that Mr. Chavis’s radiculopathy was moderate in severity, R. at 11-12; however, “the Board cannot uncritically adopt an examiner’s assessment of the veteran’s level of disability as its own without reconciling that assessment with the other evidence of record,” Delrio v. Wilkie, 32 Vet.App. 232, 243 (2019) (citing Gabrielson v. Brown, 7 Vet.App. 36, 40 (1994) (noting that a medical opinion is “only that, an opinion” providing medical evidence)). As the Board failed to provide context for subjective terms contained in the DC, the Court agrees with the parties and concludes that the Board failed to provide adequate reasons or bases for its decision. See Caluza, 7 Vet.App. at 506;
August 6, 2021
In "VA Law"

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