Topic: where the board has incorrectly applied the law, failed to … · Go Syfert
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Topic #1975

8 canonical passages across 5 cases, quoted by 145 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Tucker v. West.

#Case FlagCanonical passage Citers
1 Tucker v. West Anchor
cavc · 1998
green “where the board has incorrectly applied the law, failed to provide an adequate statement of reasons or bases for its determinations, or where the record is otherwise inadequate” 42
2 Fletcher v. Derwinski
cavc · 1991
green “a remand is meant to entail a critical examination of the justification for the board's decision,” 26
3 Alfonso Medrano v. R. James Nicholson
cavc · 2007
green “the court is not permitted to reverse findings of fact favorable to a claimant made by the board pursuant to its statutory authority.” 17
4 Hersey v. Derwinski
cavc · 1992
green “a factual finding 'is "clearly erroneous” 16
5 Jeffrey T. Petitti v. Robert A. McDonald
cavc · 2015
green “regulatory interpretation begins with the language of the regulation, the plain meaning of which is derived from its text and its structure.” 14
6 Hersey v. Derwinski
cavc · 1992
green “when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” 14
7 Tucker v. West
cavc · 1998
green “where the board has incorrectly applied the law” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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