Lee

Austin, Lee Discuss State of U.S.-South Korea Alliance > U.S. Department of Defense > Defense Department News

[ad_1] Secretary of Defense Lloyd J. Austin III emphasized the history that South Korea and the United States share…

2 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

Fort Lee Supports Afghan Relocation > U.S. Department of Defense > Defense Department News

[ad_1] Task Force Eagle at Fort Lee, Virginia, is supporting the mission of relocating up to 3,500 Afghan special…

3 years ago

#VeteranOfTheDay Navy Veteran Lee O. McKinnon Sr.

[ad_1] Today’s #VeteranOfTheDay is Navy Veteran Lee O. McKinnon Sr., who served as a steward on active duty before joining…

3 years ago

Fort Lee Chosen as First Stop in U.S. for Relocating Afghans Under Operation Allies Refuge

[ad_1] About 2,500 Afghan nationals are expected to stay at Fort Lee, Va., for a few days before being resettled…

3 years ago

Patty Lee Nevada Attorney Veterans In Politics 07 22 17

Patty Lee Nevada Attorney Veterans In Politics 07 22 17. source

3 years ago

#VeteranOfTheDay Marine Veteran Lee E. Blackmon

[ad_1] During National African American History Month, today’s #VeteranOfTheDay is Marine Veteran Lee E. Blackmon, who received a Purple Heart…

3 years ago

Ms Lee Anne Wonnacott’s Big Day

[ad_1] I sat down with my first cup of coffee early one recent morning and opened up my Yahoo Mail…

3 years ago