Opinion

Marrero v. Gober

  • 14 Vet. App. 80
  • 2000 U.S. Vet. App. LEXIS 859
  • 2000 WL 1224893
Court
United States Court of Appeals for Veterans Claims
Filed
Aug 30, 2000
Status
Published
Author
Steinberg
On the bench
Ivers, Steinberg, Greene
Cited by
2 cases

holding that the Court reviews the Board’s application of the law to the facts under the deferential “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” standard of review

How later courts described this case

  • holding that the Court reviews the Board’s application of the law to the facts under the deferential “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law” standard of review

Written by the judges who cited it.

The opinion

STEINBERG, Judge,

concurring:

I write separately to stress that to the extent that the Board of Veterans’ Appeals’ Board denial of the appellant’s child’s claim for apportionment may have been intended as a broad determination that there is no basis in law for the Department of Veterans Affairs ever to make retroactive payment pursuant to a claim for apportionment, the Court’s action today does not address that broad question; rather, we affirm the Board’s decision that on the facts of this case “there is no basis for making a retroactive payment.” R. at 10; cf. 38 C.F.R. § 3.400 (e) (1999) (effective date of “[ojriginal” claim for “[appor tionment” shall be set “in accordance with the facts found”).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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