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Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it was understood at the time did not require VA to rebut the presumption of sound condition with clear and unmistakable evidence that the condition was not aggravated by service; 1970 presumption of sound condition; In 1970, VA’s implementing regulation did not require clear and unmistakable evidence of lack of aggravation by service for rebuttal. See 38 C.F.R. §3.304(b) (1970); Instead, if the presumption of sound condition applied, the burden fell on VA to rebut the presumption with clear and unmistakable evidence that an injury or disease that manifested in service preexisted service. See George, 991 F.3d at 1229-30 (noting that VA’s 1970 version of the regulation, permitting VA to rebut the presumption of soundness with only clear and unmistakable evidence that the disorder preexisted service, prevailed until 2003); 38 U.S.C. § 311 (1970) (current version § 1111); » HadIt.com For Veterans Who’ve Had It With The VA
Single Judge Application; George v. McDonough, 991 F.3d 1227, 1229-30 (Fed. Cir. 2021) confirming that the law as it was understood at the time did not require VA to rebut ...
