Gilbert v. Derwinski
- Decided
- October 12, 1990
- Docket
- No. 89-53
- Status
- Published
- Jurisdiction
- Federal
Cited 2,831 timesNo negative treatment found in this library
What later courts said
- holding that the benefit of the doubt rule applies when “the evidence is in relative equipoise” — Grooms v. United States (2013)
- holding that a Board's findings of fact are reviewed under the "clearly erroneous" standard of review — William P. McLendon v. R. James Nicholson (2006)
- holding that when applying "clearly erroneous" standard, Board's finding supported by plausible basis may not be reversed even if Court would have weighed evidence differently — Barney J. Stefl v. R. James Nicholson (2007)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
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:
Statutes cited
- 38 U.S.C. § 4004
- 38 U.S.C. § 4052
- 38 U.S.C. § 331
- 38 U.S.C. § 301
- 38 U.S.C. § 4061
- 38 U.S.C. § 4051
- 38 U.S.C. § 3007
- 38 U.S.C. § 3004
Cite this
Gilbert v. Derwinski, 1 Vet. App. 49 (1990)Read the full opinion
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