2019 Decided April 27

Smith v. Wilkie, No. 18-1189 (Argued October 24, 2019 Decided April 27, 2020); Court holds that the principles of fair process require the Board to provide claimants notice and an opportunity to respond when it purports to reverse prior assertions that evidence is credible or otherwise satisfactory to establish a fact necessary to the claim or when the Board’s order would leave the impression that it had determined that the evidence was credible;

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 18-1189REGINALD L. SMITH, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.On Appeal from the Board of Veterans’ Appeals(Argued October 24, 2019 Decided April 27, 2020)John Niles, with whom Amie P. Leonard and Barton F. Stichman were on the brief, all ofWashington, D.C., for the appellant.Joshua L. … [Read more...] about Smith v. Wilkie, No. 18-1189 (Argued October 24, 2019 Decided April 27, 2020); Court holds that the principles of fair process require the Board to provide claimants notice and an opportunity to respond when it purports to reverse prior assertions that evidence is credible or otherwise satisfactory to establish a fact necessary to the claim or when the Board’s order would leave the impression that it had determined that the evidence was credible;