State v. Nicolas

How courts have described this case

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

• interpreting 38 C.F.R. § 3.50(b)(1) in manner more favorable to VA claimant seeking to come under that regulation than VA had interpreted the regulation
• discussing “without the fault of’ requirement of section 101(3) and finding that fault or absence of fault is to be determined based on analysis of conduct at time of separation
• discussing \without the fault of\ requirement of section 101(3) and finding that fault or absence of fault is to be determined based on analysis of conduct at time of separation
• remand ordered for Board to correct error made in applying regulation, subsequently found to be unlawful, regarding surviving-spouse status; Court also ordered BVA to make specific factual findings in course of readjudication
• remand ordered for Board to correct error made in applying regulation, subsequently found to be unlawful, regarding surviving-spouse status; Court also ordered BVA to make specific factual findings in course of readjudication
• remand ordered for Board to correct error made in applying regulation, subsequently found to be unlawful, regarding surviving-spouse status; Court also ordered BVA to make specific factual findings in course of readjudication

Source: CourtListener parenthetical corpus (CC0).