Territory v. Pottie

How courts have described this case

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

• holding that, where veteran’s records are missing, Board’s obligation to explain its findings and conclusions is heightened
• holding that “where the service medical records are presumed destroyed ..., the BVA’s obligation to explain its findings and conclusions and to consider carefully the benefit-of-the-doubt rule [under 38 U.S.C. § 5107(b) ] is heightened”
• noting that when the appellant’s SMRs were presumed destroyed, VA attempted to substantiate his claim by examining the morning reports of the military base where he was stationed during the months that he claimed he sustained an injury
• noting that when the appellant's SMRs were presumed destroyed, VA attempted to substantiate his claim by examining the morning reports of the military base where he was stationed during the months that he claimed he sustained an injury
• where the service medical records are presumed destroyed, BVA’s obligation to explain its findings and conclusions and to consider carefully the benefit-of-the-doubt rule is heightened
• the BVA has a heightened duty in a case where the service treatment records are presumed destroyed

Source: CourtListener parenthetical corpus (CC0).