Apao v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that where there was no new and material evidence and claim should not have been reopened, Thurber error was not prejudicial and did not require remand
• where claimant fails to submit new and material evidence to reopen claim under 38 U.S.C. § 5108, Board’s Thurber error is harmless and does not require remand
• where claimant fails to submit new and material evidence to reopen claim under 38 U.S.C. § 5108, Board’s Thurber error is nonprejudicial and does not require remand
• where claimant fails to submit new and material evidence to reopen claim under 38 U.S.C. § 5108, Board’s Thurber error is harmless and does not require remand
• BVA citation of medical treatises without due notice to the appellant was harmless error, and therefore, remand is not required where no new and material evidence was submitted and the claim should not have been reopened

Source: CourtListener parenthetical corpus (CC0).