Legal Opinion
Gilbert v. Derwinski
United States Court of Appeals for Veterans Claims
Decided October 12, 1990No. 89-53PublishedCited by 1,544 opinions
1Opinion of the Court
FARLEY, Associate Judge, filed the opinion of the Court, in which NEBEKER, Chief Judge, joined.
KRAMER, Associate Judge, filed a concurring opinion.
FARLEY, Associate Judge:
This case presents the Court with its first occasion to consider three statutory provisions of Title 38, United States Code, and their interrelationship. Section 4061(a)(4) provides that the Court may set aside a finding of material fact by the Board of Veterans’ Appeals (BVA) only if such finding is “clearly erroneous.” Section 3007(b) gives a veteran “the benefit of the doubt” when there is an approximate balance of…
2Cases cited17 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
- Santosky v. KramerSupreme Court of the United States · 1982
12 more not listed; retrieve them via the Exa API.
3Cited by1,544 opinions
- Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Caluza v. BrownUnited States Court of Appeals for Veterans Claims · 1995
- Rezi P. Forshey, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
- Fletcher v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Schafrath v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
1,539 more not listed; retrieve them via the Exa API.