context: Even acknowledging that the Court's decision altered or overruled then-existing precedent on the "clearly erroneous" standard of review of the Board's findings of fact, the law and regulation are well-established with respect to the Board's duty to assign due weight to the evidence and to return an inadequate medical examination.
citation_a.signal: see
citation_a.identifier: 8 Vet. App. 202, 206
citation_a.parenthetical: "When a medical examination report "does not contain sufficient detail," the adjudicator is required to "return the report as inadequate for evaluation purposes." " (quoting 38 C.F.R. SS 4.2 (1994
citation_a.sentence: See Nieves-Rodriguez v. Peake, 22 Vet.App. 295, 302 (2008) (“Part of the Board’s consideration of how much weight to assign is the foundation upon which the medical opinion is based.”); Bowling v. Principi, 15 Vet.App. 1, 12 (2001) (emphasizing Board’s duty to return inadequate examination report); DeLuca v. Brown, 8 Vet. App. 202, 206 (1995) (“When a medical examination report “does not contain sufficient detail,” the adjudicator is required to “return the report as inadequate for evaluation purposes.” ” (quoting 38 C.F.R. § 4.2 (1994))); Ardison v. Brown, 6 Vet.App. 405 (1994) (concluding that an inadequate medical examination frustrates judicial review); see also Bonny v. Principi, 18 Vet.App. 218, 221 (2004) (stating that “in judging reasonableness during the administrative proceedings, the Court looks to the relevant, determinative circumstances, including the state of the law at the time of the Board decision”); Bac-A v. West, 13 Vet.App. 308, 311 (2000) (providing that even prior to the Court’s clarification of the caselaw governing compliance with Board remands, “there was ample regulatory language and case law requiring the Board to assure that its adjudication was undertaken only after the compilation of an adequate record”).
citation_b.signal: see also
citation_b.identifier: 18 Vet.App. 218, 221
citation_b.parenthetical: stating that "in judging reasonableness during the administrative proceedings, the Court looks to the relevant, determinative circumstances, including the state of the law at the time of the Board decision"
citation_b.sentence: See Nieves-Rodriguez v. Peake, 22 Vet.App. 295, 302 (2008) (“Part of the Board’s consideration of how much weight to assign is the foundation upon which the medical opinion is based.”); Bowling v. Principi, 15 Vet.App. 1, 12 (2001) (emphasizing Board’s duty to return inadequate examination report); DeLuca v. Brown, 8 Vet. App. 202, 206 (1995) (“When a medical examination report “does not contain sufficient detail,” the adjudicator is required to “return the report as inadequate for evaluation purposes.” ” (quoting 38 C.F.R. § 4.2 (1994))); Ardison v. Brown, 6 Vet.App. 405 (1994) (concluding that an inadequate medical examination frustrates judicial review); see also Bonny v. Principi, 18 Vet.App. 218, 221 (2004) (stating that “in judging reasonableness during the administrative proceedings, the Court looks to the relevant, determinative circumstances, including the state of the law at the time of the Board decision”); Bac-A v. West, 13 Vet.App. 308, 311 (2000) (providing that even prior to the Court’s clarification of the caselaw governing compliance with Board remands, “there was ample regulatory language and case law requiring the Board to assure that its adjudication was undertaken only after the compilation of an adequate record”).