What is the Deep Issue in the Case?
38 U.S.C. §7107(b) (2012) requires “[t]he Board shall decide any appeal only after affording the appellant an opportunity for a hearing.”
On remand from the Veterans Court, the veteran asked for a new BVA he…
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Tags: 38 USC 7107(b), Barbara Thomas, Chevron deference, Circuit Judge Alan D. Lourie, Circuit Judge Pauline Newman, Circuit Judge Raymond C. Clevenger, Covington and Burling LLP, Francis M. Jackson, John Niles, Judge Coral W. Pietsch, Judge Margaret Bartley, K.L. Wallin, Ken Carpenter, Manchester NH VARO, Milo H. Hawley, Nathan P. Kirschner, Penelope E. Gronbeck, pro veteran, Procopio, Senior Judge Lawrence B. Hagel, Skidmore deference
What is the Deep Issue in the Case?
VA regulations provide that a veteran’s “appeal may be withdrawn as to any or all issues involved in the appeal.” 38 C.F.R. § 20.204(a). a statement made by a veteran at a board hearing qualifies as an effe…
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Tags: 38 C.F.R. §20.204, Alexander O. Canizares, Circuit Judge Haldane Robert Mayer, Circuit Judge Kathleen O'Malley, Circuit Judge Richard G. Taranto, DeLisio v. Shinseki 25 Vet. App. 45 (2011), Disabled American Veterans (DAV), Fla. Power & Light Co. v. Lorion 470 U.S. 729 (1985), Joshua L. Wolinsky, Judge Alan G. Lance Sr., Louisville KY VARO, McDermott Will & Emery LLP, Milo H. Hawley, Natalie A. Bennett, withdraw an appeal
What is the Deep Issue in the Case?
The scope of a claim is determined by a sympathetic assessment of the veteran’s description of the claim, the veteran’s symptoms and information submitted to or received by the VA in support of the claim…
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