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Related Post:
Single Judge Application; Tadlock v. McDonough, F.4th, 2021 WL 2964328 at *7 (Fed. Cir. July 15, 2021)(holding that the Court’s statutory duty to consider prejudicial error “does not give it the right to make de novo findings of fact or otherwise resolve matters that are open to debate”); Hensley v. West, 212 F.3d 1255, 1263 (Fed. Cir. 2000) (“[A]ppellate tribunals are not appropriate fora for initial fact finding.”);
August 13, 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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