Judge: Agent Orange Ruling ‘Appears To Run Afoul’ Of Precedent; Remand Appropriate

(December 17, 2018, 10:28 AM EST) -- WASHINGTON, D.C. — A federal judge in the U.S. Court of Appeals for Veterans Claims on Dec. 14 remanded a ruling by the Board of Veterans Appeals that denied a veteran’s claim for benefits related to his Agent Orange exposure, concluding that the board’s decision “appears to conflate” some requirements needed to prove the claim is valid and the decision “appears to run afoul” of precedent (John A. Herrera v. Robert L. Wilkie, No. 17-4087, U.S. App., Vet. Clms., 2018 U.S. App. Vet. Claims LEXIS 1659)....

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