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…
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
What is the Deep Issue in the Case?
The probative value of a medical opinion in a VA benefits claim derives from the factually accurate, fully articulated, sound reasoning for the conclusion. Nieves-Rodriguez v Peake, 22 Vet. App. 295, 304(2008).