Magoo Law And Manual References

[Tbird]

http://www.hadit.com/content/usefulcases.htm

Veterans Benefits Manual

http://bookstore.lexis.com/bookstore/catal...yword%3Dveteran

[Angela]

Tbird,

You list Gilbert v Derwinski on your usefulcases page and accurately note that it has been used to justify the CAVC's refusal to substitute their judgement for that of the BVA finding of fact if their is a plausible explanation for the finding.

Could you also add Padgett v Nicholson (No. 02-2259) Decided April 19, 2005.

Padgett discusses how Gilbert (relying on Hicks) has had UNFORTUNATE & UNINTENDED results, and goes on to state "To the extent that Hicks and other precedents relying on Hersey can be read to support the proposition that a Board finding cannot be clearly erroneous unless the evidence against that finding is uncontroverted, that precedent is OVERRULED UNANIMOUSLY." It also says that the court MUST weigh the evidence in order to determine if BVA's application of "benefit of the doubt" and "preponderance" standards were properand that the BVA's explanation for why these standards were not applied must be properly reasoned, i.e. reasonable or make sense.