· 1/30/2013
Deloach v. Shinseki
Citations
- 704 F.3d 1370
- 2013 WL 335945
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that this court has jurisdiction when the appeal “implicate[s] a legal right not to be subjected to a remand”
- holding that this court has jurisdiction when the appeal “implicate[s] a legal right not to be subjected to a remand”
- holding that remand is generally warranted where the Board has not yet performed necessary fact-finding or explicitly weighed the evidence of record
- reiterating that “the evaluation and weighing of evidence are factual determinations committed to the discretion of the factfin-der”
- explaining that reversal is appropriate \where the Board has performed the necessary factfinding and explicitly weighed the evidence\
- explaining that reversal of a Board finding is appropriate where the Board has performed the necessary factfinding and explicitly weighed the evidence and the Court is left with the definite and firm conviction that a mistake has been committed
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Prost, Reyna
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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