Ok I got the court to have the va give a response to the petition.
?
Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)
Might also look at: Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. at 1322.”
So i take this to mean after a cavc remand the bva isn't to remand to ro for a second development.
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Mr cue
Ok I got the court to have the va give a response to the petition.
?
Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake further development if purpose was to obtain evidence against appellant’s case)
Might also look at:
Adams v. Principi, 256 F.3d 1318 (Fed. Cir. 2001), (in which the court stated that it would be improper for the Veterans Court to remand a case to the Board to give the DVA another opportunity to develop evidence needed to satisfy an evidentiary burden it had failed to satisfy the first time, i.e., to “attempt to introduce new evidence sufficient to make up the shortfall” in the agency’s proof. Id. at 1322.”
So i take this to mean after a cavc remand the bva isn't to remand to ro for a second development.
Am I reading this wrong.
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Mr cue
I would say the chances of get the ro to granted anything by these regs are slim. I would believe that it would have to go to court and back to bva before they will address these regs. I was
blahsaysme2u
dont ever give up bud. you know their game. i dont fight for the money or the SC % or even the benefits...i fight because i want it correct. keep pushing...just like a ruck march, one foot in front of
Mr cue
Ok I got the court to have the va give a response to the petition. ? Mariano v. Principi, 17 Vet.App. 305, 312 (2003) (Court noted that it would not be permissible for VA to undertake furthe
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