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The Board of Veterans' Appeals (BVA) is an administrative tribunal within the United States Department of Veterans Affairs (VA), located in Washington, D.C. Established by Executive Order on July 28, 1933, the Board reviews and makes decisions on appeals concerning veterans' benefits. Its mission is to conduct hearings and issue decisions ...
While the Board of Veterans' Appeals is part of the United States Department of Veterans Affairs, the Veterans Court is not a part of the VA, it is an independent federal court. The Veterans Court hears oral arguments and reviews final Board decisions, the record before the agency, and briefs of the parties on appeal. [4]
Leonardo Esteban appealed a Board of Veterans' Appeals (BVA) decision that denied entitlement to an increased rating for residuals of an injury to the right side of the face. Mr. Esteban served on active duty between July 1946 and April 1949. In January 1949, he injured his face during a motor vehicle accident in Japan.
The Board of Veterans' Appeals dismissed Arellano's claim for equitable tolling. [5] The Court of Appeals for Veterans Claims also dismissed the claim, holding that Andrews, an earlier Federal Circuit decision, had already rejected equitable tolling as applied to 5110. Arellano then appealed to the Federal Circuit, which dismissed his claim ...
James W. Brammer appealed a September 13, 1990, Board of Veterans' Appeals (BVA) decision which denied reopening his claim for service connection for spinal meningitis. BVA also determined that the Veteran was not entitled to service connection for residuals of frozen feet. Mr. Brammer was a combat Veteran of World War II and served in Normandy, Northern France, the Ardennes, the Rhineland ...
It is the defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When, after careful consideration of all procurable and assembled data, a reasonable doubt arises regarding service origin, the degree of disability ...
Barr vs. Nicholson is a United States Court of Appeals for Veterans Claims case that dealt with the competence of a Veteran's lay testimony to provide lay evidence. The court held that lay evidence can be competent depending on the type of disability claimed by a claimant.
A Supplemental Statement of the Case (SSOC) was completed and denied the tinnitus as not being incurred in service. The Board of Veterans Appeals upheld the decision, stating that the Veteran had not identified post-service treatment records that VA could obtain on his behalf. The Board stated that the duty to assist had been met.