Antonio Pacheco v. Sloan D. Gibson

I concur as to the Court’s remand of this case, dissent as to its affirmance of any part of the Board decision, and ultimately would go much further than my colleagues in resolving this case. Our Court must not continue to show deference to the Secretary’s interpretations of statutes and regulations where, as here, doing so contravenes the long-applied veterans “canon that provisions for benefits to members of the Armed Services are to be construed in the beneficiaries’ favor.” King v. St. Vincent’s Hospital, 502 U.S. 215, 220-21, n. 9, 112 S.Ct. 570, 116 L.Ed.2d 578 (1991); see also…