· 3/30/2001
Tommie P. Butler, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs
Citations
- 244 F.3d 1337
- 2001 U.S. App. LEXIS 5270
- 2001 WL 303803
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that presumption of regularity justified Court's conclusion that a document referenced in a packet sent to the veteran was included in the packet even though the document was not in the veteran's claims file
- holding that the Court did not err \by applying the presumption of regularity to the mailing of a copy of a notice of appeal rights . . . particularly in light of the [notification letter] which was present in the record\
- noting that a presumption of regularity attaches to agency records unless these records are contradicted by clear evidence
- presuming VA officials acted consistently with their legal duty under 38 U.S.C. § 5104(a) to mail the veteran notice of appeal rights
- applying this rule to the Court of Appeals of Veterans Claims
- “In the absence of clear evidence to the contrary, the [presumption of regularity] presumes that public officers have properly discharged their official duties.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Rader, Dyk
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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