Smith v. McDonald

Smith v. McDonald, 789 F.3d 1331 (Fed. Cir. June 17, 2015)

38 C.F.R. § 3.103, COURT NOT REQUIRED TO GRANT JMR

Held: The Court is not required to automatically grant a joint motion for remand (JMR) – and its failure to do so does not conflict with the ruling in Nat’l Org. of Veterans Advocates, Inc. v. Sec’y of Veterans Affairs, 725 F.3d 1312 (Fed. Cir. 2013), that required VA “to identify and rectify harms caused by its wrongful application of a former version of 38 C.F.R. § 3.103.” 

Click here for complete June  2015 Veterans Law Update.