Tag: Term

October 8, 2021); criminal judgment; total disability rating; 38 U.S.C. § 5313(c); 38 C.F.R. § 3.341(b); The term “correctional facility” cannot encompass a hospital that treats civil patients, and a hospital cannot be a correctional facility for some patients and not others;

October 8, 2021); criminal judgment; total disability rating; 38 U.S.C. § 5313(c); 38 C.F.R. § 3.341(b); The term “correctional facility” cannot encompass a hospital that treats civil patients, and a hospital cannot be a correctional facility for some patients and not others;

Philbrook v. McDonough, No. 2020-2233 (Decided: October 8, 2021); criminal judgment; total disability rating; 38 U.S.C. § 5313(c); 38 C.F.R. § 3.341(b); The term “correctional facility” cannot encompass a ...

Single Judge Application; failure define term or degree; Mr. Thornton cites Johnson v. Wilkie, 30 Vet.App. 245, 255 (2018), arguing that the Board must disclose the standard under which it is operating. Appellant’s Br. at 26. But Johnson focused on a situation where the Board failed to define a term of degree (specifically, “very frequent”) that could be applied inconsistently across similar cases without a clear definition. 30 Vet.App. at 255;