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Single Judge Application; Hearing loss; noise exposure has been conceded, the Board must still determine whether a veteran is entitled to the combat presumption afforded under section 1154(b); Reeves v. Shinseki, 682 F.3d 988, 998-99 (Fed. Cir. 2012);
August 15, 2019
In "VA Law"
Panel Application; CUE; Reeves v. Shinseki, 682 F.3d 988 (Fed. Cir. 2012); section 1154(b)’s combat presumption; In his reply brief, appellant cites Reeves v. Shinseki, stating that in that decision the Federal Circuit held that failure to apply the combat presumption was clear and unmistakable error. Although that is true, appellant fails to provide the context of that holding. The Federal Circuit in Reeves held that the Board must apply section 1154(b)’s combat presumption to a veteran’s claimed disability even if he establishes an in-service incident or injury. In other words, it was error in that case for the Board not to consider whether Mr. Reeves had hearing loss while in service, despite the evidence that he had suffered from acoustic trauma in service;
August 14, 2021
In "VA Law"
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