context: See M21-1MR, pt. However, this argument was not presented below, and Mr. Johnson fails to demonstrate the clear evidence of irregularity that is necessary to overcome the presumption of regularity that attaches to the actions of Government officials.
citation_a.signal: see
citation_a.identifier: 244 F.3d 1337, 1340
citation_a.parenthetical: "The [presumption of regularity] doctrine thus allows courts to presume that what appears regular is regular, the burden shifting to the attacker to show the contrary."
citation_a.sentence: See Miley v. Principi, 366 F.3d 1343, 1347 (Fed.Cir.2004) (“The presumption of regularity provides that, in the absence of clear evidence to the contrary, the court will presume that public officers have properly discharged their official duties.”); Butler v. Principi, 244 F.3d 1337, 1340 (Fed.Cir.2001) (“The [presumption of regularity] doctrine thus allows courts to presume that what appears regular is regular, the burden shifting to the attacker to show the contrary.”); cf. Rizzo v. Shinseki, 580 F.3d 1288, 1291 (Fed.Cir.2009) (“Absent some challenge to the expertise of a VA expert ... [there is] no statutory or other requirement that VA must present affirmative evidence of a physician’s qualifications in every case as a precondition for the Board’s reliance upon that physician’s opinion.”); Robinson v. Peake, 21 Vet.App. 545, 552 (2008) (Board must address only those issues raised by claimant or reasonably raised by record).
citation_b.signal: cf.
citation_b.identifier: 21 Vet.App. 545, 552
citation_b.parenthetical: Board must address only those issues raised by claimant or reasonably raised by record
citation_b.sentence: See Miley v. Principi, 366 F.3d 1343, 1347 (Fed.Cir.2004) (“The presumption of regularity provides that, in the absence of clear evidence to the contrary, the court will presume that public officers have properly discharged their official duties.”); Butler v. Principi, 244 F.3d 1337, 1340 (Fed.Cir.2001) (“The [presumption of regularity] doctrine thus allows courts to presume that what appears regular is regular, the burden shifting to the attacker to show the contrary.”); cf. Rizzo v. Shinseki, 580 F.3d 1288, 1291 (Fed.Cir.2009) (“Absent some challenge to the expertise of a VA expert ... [there is] no statutory or other requirement that VA must present affirmative evidence of a physician’s qualifications in every case as a precondition for the Board’s reliance upon that physician’s opinion.”); Robinson v. Peake, 21 Vet.App. 545, 552 (2008) (Board must address only those issues raised by claimant or reasonably raised by record).