context: The Court is cognizant of its statutory duty to take due account of the rule of prejudicial error. Based on the particular facts of this case, we cannot hold that the error was harmless because the Board has not yet adjudicated Mrs. Reliford's accrued benefits claim against the proper factual background.
citation_a.signal: see also
citation_a.identifier: 212 F.3d 1255, 1263
citation_a.parenthetical: "[A]ppellate tribunals are not appropriate fora for initial fact finding."
citation_a.sentence: See Gambill v. Shinseki, 576 F.3d 1307, 1311 (Fed.Cir.2009) (per curiam) (“Harmless error is fully applicable to veterans’ claims cases, subject to the same principles that apply generally to harmless error analysis in other civil and administrative cases.”) (citing Sanders, 556 U.S. at 406, 129 S.Ct. 1696); Wagner v. United States, 365 F.3d 1358, 1365 (Fed.Cir.2004) (“Where the effect of an error on the outcome of a proceeding is unquantifiable, however, we will not speculate as to what the outcome might have been had the error not occurred.”); Bryant v. Shinseki, 23 Vet.App. 488, 498 (2010) (per curiam) (“[T]he assessment of prejudice generally is case specific, demonstrated by the appellant and based on the record.”); see also Hensley v. West, 212 F.3d 1255, 1263 (Fed.Cir.2000) (“[A]ppellate tribunals are not appropriate fora for initial fact finding.”).
citation_b.signal: see
citation_b.identifier: 365 F.3d 1358, 1365
citation_b.parenthetical: "Where the effect of an error on the outcome of a proceeding is unquantifiable, however, we will not speculate as to what the outcome might have been had the error not occurred."
citation_b.sentence: See Gambill v. Shinseki, 576 F.3d 1307, 1311 (Fed.Cir.2009) (per curiam) (“Harmless error is fully applicable to veterans’ claims cases, subject to the same principles that apply generally to harmless error analysis in other civil and administrative cases.”) (citing Sanders, 556 U.S. at 406, 129 S.Ct. 1696); Wagner v. United States, 365 F.3d 1358, 1365 (Fed.Cir.2004) (“Where the effect of an error on the outcome of a proceeding is unquantifiable, however, we will not speculate as to what the outcome might have been had the error not occurred.”); Bryant v. Shinseki, 23 Vet.App. 488, 498 (2010) (per curiam) (“[T]he assessment of prejudice generally is case specific, demonstrated by the appellant and based on the record.”); see also Hensley v. West, 212 F.3d 1255, 1263 (Fed.Cir.2000) (“[A]ppellate tribunals are not appropriate fora for initial fact finding.”).