Description
INSTRUCTIONS:
- Read Hite v. Shinseki, United States Court of Appeals for the Federal Circuit (this case in unpublished, see the summary in your text) and Cromer v. Nicholson, 455 F.3d 1346 (Fed. Cir. 2006).
- In a one-to-two page paper discuss the following:
- Why do you think the regulation requiring the VA to assist applicants was enacted?
- Does the assistance requirement shift the burden of proof?
- Identify two situations in which the burden of proof does shift. Why do you think these exceptions were enacted?
Explanation & Answer
Here you go.
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To practice reading and analyzing case law regarding VA benefits.
The veterans' affair is mainly purposed to help claimants obtain records from any federal
agency for the purpose of compensation right after the end of service. In so doing, the regulations
requiring VA to assist applicants with this entire process was therefore enacted to ensure that
applicants are helped to obtain evidence, not in their possession.
This entire process, therefore, shifts burden of proof to the VA, for instance, the case
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