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Related Post:
Snyder v. McDonough, No. 2020-2168(Decided: June 9, 2021); 38 C.F.R. § 3.318(a), (b); Amyotrophic Lateral Sclerosis (ALS);
June 10, 2021
In "VA Law"
George v. McDonough, No. 2019-1916 & Martin v. McDonough, No. 2020-1134 (Decided: March 16, 2021); clear and unmistakable error (CUE); 38 C.F.R. § 3.304(b) (“Presumption of soundness”); Because Jordan v. Nicholson and Disabled American Veterans v. Gober establish that a legal-based CUE requires a misapplication of the law as it was understood at that time, and cannot arise from a subsequent change in interpretation of law by the agency or judiciary, we affirm; Russell, 3 Vet. App. at 313 (“[C]hanges in the law subsequent to the original adjudication . . . do not provide a basis for revising a finally decided case.”);
March 16, 2021
In "VA Law"
Smith v. McDonough, No. 2020-1354(Decided: April 29, 2021); EAJA; in an appeal that was only partially successful, rather than determining whether that time could be reasonably understood as preparation for bringing the successful claim, the Veterans Court assumed that because such time must have been spent on both the successful and unsuccessful claims, it therefore required a reduction in those hours. This was error: Ustrak v. Fairman, 851 F.2d 983, 988 (7th Cir. 1988) (“A partially prevailing plaintiff should be compensated for the legal expenses he would have borne if his suit had been confined to the ground on which he prevailed plus related grounds within the meaning of Hensley.”);
April 29, 2021
In "VA Law"
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