McGee v. Peake

I see this case somewhat differently than the court does, although I agree with the court’s reversal of the judgment of the Court of Appeals for Veterans Claims (“Veterans Court”) and remand for further proceedings.

A. Under 38 U.S.C. § 7104(a), decisions of the Board of Veterans Appeals (“Board”) “shall be based on the entire record in the proceeding and upon consideration of all evidence and material of record and applicable provisions of law....” The court views the critical issue in this appeal as the meaning of “applicable” in that provision. I, however, focus on the phrase “upon…