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Morse v. McDonough, No. 2020-1838(Decided: April 19, 2021); Joint Services Records Research Center (“JSRRC”) coordinator prepared a memorandum summarizing the traumatic events that Mr. Morse reported experiencing in Da Nang. The memorandum noted that it is “well documented that the Da Nang area of Vietnam often received rocket, mortar, and small arms attacks” and added that the events that took place, “as reported by the veteran, are confirmed and are otherwise consistent with the circumstances, conditions, and/or hardships of such service even though we were unable to locate official records of the specific occurrence.”;
April 19, 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"
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