Burke Hensley, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs

How courts have described this case

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

• holding that the Veterans Court’s finding that a veteran’s claim was not well- grounded was an improper de novo fact finding”
• recognizing that the Court is not the appropriate forum for initial factfinding
• recognizing that the veterans’ benefit system is “uniquely pro-claimant”
• observing that “[a]ppellate courts can ‘review’ only that which has happened in the past”
• noting that when a court of appeals reviews a lower court's decision, it may remand the case if the previous adjudicator failed to make findings of fact essential to the decision
• explaining that the Supreme Court has held that when a court of appeals reviews a lower court's decision, it may remand it if the previous adjudicator failed to make findings of fact essential to the decision

Source: CourtListener parenthetical corpus (CC0).