Morton v. West

STEINBERG and KRAMER, Judges,

dissenting:

Judge Steinberg called for, and we voted for, a full Court decision in Morton v. West, 12 Vet.App. 477 (1999) because the panel opinion appears to be inconsistent with certain current caselaw (ignored by the panel), misinterprets 38 U.S.C. § 5107(a), and mischaracterizes the effect of the Foreword to the VA Adjudication Procedure Manual, M21-1, [hereinafter Manual M21-1], and because the issue involved is one of exceptional importance.1 Moreover, the Court’s issuance of this opinion prior to oral argument in Stuckey v. West, U.S. Vet.App. No. 96-1373…