Territory of Hawaii v. Schilling

How courts have described this case

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

• holding that in fulfilling the requirement that a BVA decision provide “reasons or bases” for its conclusion, the BVA may “include relevant portions of medical treatises and journals”
• holding that “BVA decisions must include the ‘reasons or bases’ for medical conclusions, even those opined by a BVA physician but not finding that the appellant must be provided notice and an opportunity to rebut such an opinion prior to the Board’s decision.
• applying a “common sense construction” to the definition of a well-grounded claim
• requiring the BVA to provide reasons or bases for its medical determinations
• well-grounded claim is a “plausible claim, one which is meritorious on its own or capable of substantiation”
• well-grounded claim is “a plausible claim, one which is meritorious on its own or capable of substantiation”

Source: CourtListener parenthetical corpus (CC0).