Baker v. McDonough, 2024 U.S. App. LEXIS 32168
Dec 19, 2024OUTCOME: VACATED AND REMANDED to the BVA
Ms. Baker argues the RO applied an incorrect legal standard in September 1992, citing 38 U.S.C. § 5107(b), the applicability of which depends on whether the evidence was undebatably in equipoise—a ques ... tion that the Veterans Court and the Board failed to consider. For the reasons above, we agree with Ms. Baker.
