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Single Judge Application; Sellers v. Wilkie, 965 F.3d 1328,1337 (Fed. Cir. 2020) (noting that regulations requiring claimants to submit formal claims do not alter “‘VA’s general practice of identifying and adjudicating issues and claims that logically relate to the claim pending before . . . VA'” (quoting Veterans Just. Grp., LLC v. Sec’y of Veterans Affs., 818 F.3d 1336, 1356 (Fed. Cir. 2016));
August 1, 2021
In "VA Law"
Single Judge Application; Bailey v. Wilkie held that “VA is required to develop and adjudicate related claims for secondary service connection for disabilities that are reasonably raised during the adjudication of a formally initiated claim for the proper evaluation level for the primary service-connected disability.” 33 Vet.App. 188, 203 (2021); In Bailey, the Court concluded that the definitions of “complications” “connote a causal or aggravative relationship between the primary disease or condition and the resulting disease or condition,” which the Court stated “is the same relationship that exists between primary and secondarily service-connected disabilities.” Bailey, 33 Vet.App. at 200. The Court therefore concluded that, pursuant to § 3.155(d)(2), “VA is required to develop and adjudicate related claims for secondary service connection for disabilities that are reasonably raised during the adjudication of a formally initiated claim for the proper evaluation level for the primary service-connected disability.” Id. at 203; 38 C.F.R. § 3.155(d)(2) (2020);
May 12, 2021
In "VA Law"
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