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Single Judge; To the extent that the Board intended to use the temporal gap between the appellant’s service and the date of her claim as negative evidence, it did not establish the factual predicate necessary to do so. See Maxson v. Gober, 230 F.3d 1330,1333 (Fed. Cir. 2000); see also Horn v. Shinseki, 25 Vet.App. 231, 240 n.7 (2012) (stating that, when the Board uses the absence of evidence as negative evidence, there must be “‘a proper foundation . . . to demonstrate that such silence has a tendency to prove or disprove a relevant fact.’” (quoting Buczynski v. Shinseki, 24 Vet.App. 221, 224 (2011) (Lance, J., dissenting)));
September 25, 2020
In "VA Law"
The Law on Presumption of Soundness and how it affects your VA disability claim for aggravation | hadit.com
July 23, 2022
In "VA Claims"
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