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Jury Instruction 2 3 Consideration of the Evidence Duty to Follow Instructions Governmental Entity or Agency Involved Form

Jury Instruction 2 3 Consideration of the Evidence Duty to Follow Instructions Governmental Entity or Agency Involved Form

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buffkin versus MCD Secretary of Veterans Affairs  Miss Boswick Mr chief justice and may it please   the court in Gilbert one of its earliest  decisions the newly created veterans court   recognized both the importance of the benefit of  the doubt principle and the difference between   reviewing findings of fact for Clear error and  reviewing va's application of the approximate   balance standard of proof as a matter of law  but the veterans court soon strayed from that   understanding and by 2001 the court had  declared that the agency's approximate   balance assessment can be reviewed only  under the deferential clear error standard   of 7261 A4 Congress responded by changing  the statute it directed the veterans court   to take due account of the secretary's  application of section 517b the benefit of   the doubt statute and that new statutory  command unique in administrative reveal   directed to a specialized Article 1 tribunalÂ

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