· 2/26/2014
John T. King v. Eric K. Shinseki
Citations
- 26 Vet. App. 433
- 2014 U.S. Vet. App. LEXIS 263
- 2014 WL 718461
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “a manifest change in the outcome of the adjudication means that, absent the alleged clear and unmistakable error, the benefit sought would have been granted at the outset”
- emphasizing “that [CUE] is ‘a very specific and rare kind of error,’ and the burden of demonstrating [CUE] is an onerous one”
- specifically noting, in a CUE case where failure to develop evidence was the issue, that failure to sympathetically read the claim had not been alleged
- The breach of the duty to assist creates an \'incomplete rather than an incorrect record.'\
- discussing requirements to show CUE
Source: CourtListener parenthetical corpus (CC0).
Judges: Hagel, Lance, Bartley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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