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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"
Single Judge Application; TDIU; Ray, 31 Vet.App. at 73 the Court held that the phrase “unable to secure and follow a substantially gainful occupation” in §4.16 has economic and noneconomic components, the latter of which focuses on the individual veteran’s ability to perform the physical and mental acts necessary for such an occupation; Ray provides that to adequately address the noneconomic component of TDIU, the Board must discuss each limitation the record raises; Van Hoose v. Brown, 4 Vet.App. 361, 363 (1993) (clarifying that, for TDIU purposes, “[t]he question is whether the veteran is capable of performing the physical and mental acts required by employment”);
April 24, 2020
In "VA Law"
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