Trinidad G. Bustos, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs

How courts have described this case

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

• noting that the legislative history of the Act \cites favorably to the Court of Appeals for Veterans Claims' interpretation of the CUE standard\
• holding that in order to prove the existence of clear and unmistakable error, a veteran must show that an error occurred that was outcome-determinative, that is, an error that would manifestly have changed the outcome of the prior decision
• a veteran \must show that an outcome-determinative error occurred\ to reopen a final Regional Office rating decision because a clear and unmistakable error occurred
• to prove CUE, a claimant must show that an error was outcome-determinative, an error that would manifestly have changed the outcome of the prior decision
• to prove CUE, a claimant must show that an error was outcome-determinative, an error that would manifestly have changed the outcome of the prior decision
• to prove the existence of CUE as set forth in 38 C.F.R. § 3.105(a), the claimant must show that an outcome-determinative error occurred

Source: CourtListener parenthetical corpus (CC0).