Important

‘Made In’ Labels Not as Important as Technology Itself  > U.S. Department of Defense > Defense Department News

[ad_1] The United States government has imposed restrictions on certain Chinese companies citing threats to U.S. security. In some cases,…

2 years ago

FedCir; Regents is an application of the APA’s “arbitrary, capricious” standard of review, 5 U.S.C. § 706(2)(A), and this case is governed by 38 U.S.C. § 7261(a)(3)(A), which uses the same “arbitrary, capricious” language; we have used APA jurisprudence in applying the Title 38 provision. See Euzebio v. McDonough, 989 F.3d 1305, 1322–23 (Fed. Cir. 2021) (“The Veterans Court must also review Board and VA determinations for ‘abuse of discretion’ and ‘arbitrary [and] capricious’ decision making, including whether the Board or VA[] entirely failed to consider an important aspect of the problem . . . .” (quoting 38 U.S.C. § 7261(a)(3)(A) and State Farm, 463 U.S. at 43)); see also Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 432 n.2 (2011) (“[T]he Veterans Court’s scope of review, § 7261, is similar to that of an Article III court reviewing agency action under the [APA] . . . .”); Whether an agency has failed to address an important aspect of a problem, and is arbitrary and capricious for that reason, can turn on the specific statutes and regulations that govern the agency, see Oregon Natural Re-sources Council v. Thomas, 92 F.3d 792, 798 (9th Cir.1996), but that does not distinguish 38 U.S.C. § 7261 from 5 U.S.C. § 706;

[ad_1] FedCir; Regents is an application of the APA’s “arbitrary, capricious” standard of review, 5 U.S.C. § 706(2)(A), and…

3 years ago

Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh the evidence.18 Here, we simply do not know the weight, if any, the Board gave this evidence in assigning a rating for appellant’s GERD. It is important for the Board to make such a finding in the first instance.19 We recognize that the Secretary offers several arguments about why extraschedular referral is not warranted for appellant’s GERD. However, it is ultimately not his prerogative to provide an explanation that the Board did not. As we have often said, the Secretary cannot make up for the Board’s deficient statement of reasons or bases.20; 19 See Tadlock v. McDonough, 5 F.4th 1327, 1337-38 (Fed. Cir. 2021) (“Where additional findings of fact are necessary regarding mattes open to debate, the proper action is for the Veterans Court is to remand to the Board for consideration of those facts in the first instance.”).; 20 See In re Lee, 277 F.3d 1338, 1345-46 (Fed. Cir. 2002) (“‘[C]ourts may not accept appellate counsel’s post hoc rationalization for agency action.’” (quoting Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168 (1962))); McCray v. Wilkie, 31 Vet.App. 243, 258 (2019) (“[T]he Secretary’s impermissible post-hoc rationalization cannot make up for shortcomings in the Board’s assessment.”); Simmons v. Wilkie, 30 Vet.App. 267, 277 (2018) (holding that the “Court cannot accept the Secretary’s post-hoc rationalizations” to cure the Board’s reasons-or-bases errors), aff’d, 964 F.3d 1381 (Fed. Cir. 2020); Smith v. Nicholson, 19 Vet.App. 63, 73 (2015) (“[I]t is not the task of the Secretary to rewrite the Board’s decision through his pleadings filed in this Court.”).;

[ad_1] Single Judge Application; deficient reasons and bases; It is the Board’s responsibility as factfinder to assess and weigh…

3 years ago

General Says Artificial Intelligence Will Play Important Role in Network Defense > U.S. Department of Defense > Defense Department News

[ad_1] Attacks by hostile governments and criminal networks on civilian and Defense Department cyberspace assets are constant threats. As…

3 years ago

Important Updates Coming this Summer

[ad_1] From an email VA sent out:Welcome to the July edition of the Bi-Monthly GI Bill® Student newsletter! We hope…

3 years ago

Diversity, Inclusion Important for Mission Success > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] Diversity and inclusion are as important to the State Department's ability to conduct diplomacy as they are to…

3 years ago

Official Says Input From Allies on Nuclear Posture Review to Be Important > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] China is rapidly becoming more capable and assertive and concerns regarding its nuclear modernization and expansion are increasing.…

3 years ago

Military Police: An Important Force In War and Peace

[ad_1] Each of the military services has its military police components. They are well known to all who have served…

3 years ago

Project Celebrations and Team Recognition Are Important

[ad_1] Working on projects is often hard work requiring many hours of dedication. This is why it is important to…

3 years ago

Commander Says Africa Is Too Important for Americans to Ignore > U.S. DEPARTMENT OF DEFENSE > Defense Department News

[ad_1] Africa is a fascinating continent of tremendous possibilities but also tremendous dangers, and the U.S. ignores the nations of…

3 years ago
Show more Posts