VA adjudicators make a common assumption – mistaken in most cases – that a veteran’s disability rating under a diagnostic code (CD) must be confirmed by objective evidence. And most adjudicators assume – again incorrectly – that objective evidence means confirmation by a physician’s finding or by medical testing or examination. 1.No Objective Evidence Requirement Put simply, there is no…

No doubt, most veterans representatives have come across VA examination reports (usually in the form of Disability Benefits Questionnaires “DBQs) written by medical personnel with questionable or unknown qualifications. Specifically, nurse practitioners or physician assistants frequently conduct examinations, yet their reports disclose nothing about their experience or qualifications in the pertinent medical field. In most adjudicatory forums, that would seem…

Receiving a remand from the Board of Veterans Appeals (BVA) can seem like a mixed blessing. On the one hand, the Board has not denied the veteran’s claims, allowing you to continue to pursue the case. Yet, on the other, the battle to get a veteran’s entitled benefits continues without any apparent end in sight. One thing is for sure:…

This is an update to the previous Bulletin about the Procopio opinion and Blue Water Veterans (shown below)… The VA has indicated they have filed a Motion to Stay the implementation of the Procopio decision while it evaluates the impact on VA policies and procedures. At this time, the Under Secretary for Benefits has directed the Regional Offices not to…

Very recently, the Federal Circuit issued an opinion in Procopio v. Wilkie, ___F.3d____ (Available Here), holding that, for determining the presumption of Agent Orange exposure, the operative phrase “served in the Republic of Vietnam” covers service on the Vietnam mainland (foot-on-land requirement), inland waterways and now, service on a ship which came within 12 miles of the mainland. In one…