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Veterans Claims· 6/4/2003

Simmons v. Principi

Citations

  • 17 Vet. App. 104
  • 2003 U.S. Vet. App. LEXIS 403
  • 2003 WL 21287603

How courts have described this case

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

  • remanding where the Board’s decision is not clear enough to permit effective judicial review
  • remanding where the Board's decision is not clear enough to permit effective judicial review
  • Board’s statement of reasons or bases is inadequate when it is “neither helpful to the veteran, nor clear enough to permit effective judicial review, nor in compliance with statutory requirements”
  • Board’s statement of reasons or bases is inadequate when it is “neither helpful to the veteran, nor clear enough to permit effective judicial review, nor in compliance with statutory requirements”
  • To the effect that if the Veteran is only asserting disagreement with how VA evaluated the facts before it, the claim should be dismissed without prejudice because of the absence of legal merit or lack of entitlement under the law
  • “[O]nce there is a final decision on a [clear and unmistakable error motion] on a particular issue, the prior Board decision being collaterally attacked ‘on that issue is no longer subject to revision on the ground of [clear and unmistakable err].’ ” (quoting DAV, 234 F.3d at 698.)

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Steinberg, Greene

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.