» 38 USC 7261(b)
Episode 005: CAVC Oral Argument: Simmons v. Wilkie (16-3039)(CAVC Application of Harmless Error Rule)
General Overview of Harmless Error law. The major question in this case is how the CAVC should apply the harmless error rule when it might involve making findings of fact. The Court stated in its supplemental briefing order that it “…has…
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April 25th, 2018
Contributor: Chris Attig
Categories: Veterans Law Updates
Tags: 38 USC 105(a), 38 USC 1111, 38 USC 7261(b), Chief Judge Robert N. Davis, Clear and Unmistakeable Error (CUE), Harmless Error, Joshua L. Wolinsky, Judge Margaret Bartley, Judge Michael Allen, Ken Carpenter, Kotteakos v. US 328 US 750 (1946), presumption of aggravation, presumption of soundness, Shinseki v. Sanders 556 U.S. 396 (2009), Winston Salem NC VARO
