Providing

Operation Career: Providing Veterans with Rewarding Futures

As a veteran makes the transition from service to civilian life, it's crucial to find a company and a career…

2 years ago

Single Judge Application; section 311 meant in 1981; CUE; presumption of soundness; The appellant argues that the Board erred in its determination that no CUE existed in the 1981 RO decision. Specifically, he contends that Wagner is an authoritative statement of what section 311 meant at the time of the 1981 RO decision. Appellant’s Brief (Br.) at 6. The Court agrees with the appellant that the Federal Circuit’s interpretation of section 1111 in Wagner is an authoritative statement of what that statute has meant since the date of enactment in 1958. See Rivers v. Roadway Express, 511 U.S. 298, 312-13 (1994) (“A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision of the case giving rise to that construction.”); Patrick v. Shinseki, 668 F.3d at 1325, 1329 (Fed. Cir. 2011) (“We made clear . . . , that ‘[u]nlike changes in regulations and statutes, which are prospective, our interpretation of a statute is retrospective in that it explains what the statute has meant since the date of enactment.’” (quoting Patrick v. Nicholson, 242 F. App’x 695, 698 (Fed. Cir. 2007)(remanding for further consideration of CUE request using the correct standard articulated in Wagner and directing remand to Board, if necessary, to determine whether the Secretary has rebutted the presumption of soundness by providing clear and unmistakable evidence that the presumption has been rebutted))); see also Jordan v. Nicholson, 401 F.3d 1296, 1298 (Fed. Cir. 2005) (noting that the appellant’s CUE request challenges the validity of a regulation but does not question the correct legal standard under the statute, and that “Wagner governs that issue”). Thus, the Court agrees with the appellant that the Board erred when it concluded that he could not challenge the correct legal standard that applies under section 1111 in the CUE context.;

[ad_1] Single Judge Application; section 311 meant in 1981; CUE; presumption of soundness; The appellant argues that the Board…

2 years ago

Miles donations are providing flights for Afghan refugees

[ad_1] A campaign that began with ordinary people donating frequent-flyer miles has raised enough in two months to provide 40,000…

3 years ago

DOD Continues Providing Humanitarian Assistance to Haiti > U.S. Department of Defense > Defense Department News

[ad_1] Joint Task Force Haiti has conducted some 364 full-spectrum missions, as of yesterday, using DOD and U.S. Coast Guard…

3 years ago

Providing Emotional Support to Your Children During Social Distancing

[ad_1] Due to the COVID-19 global pandemic, world leaders and health officials have made the recommendation for the general public…

3 years ago