MERRITT, Circuit Judge.
In this black lung case, the issue on appeal is whether the Benefits Review Board erred by ruling that although the Administrative Law Judge improperly failed to invoke the interim presumption of entitlement adopted by the Department of Labor at 20 C.F.R. § 727.203(a)(4), a presumption based on the Black Lung Benefits Reform Act of 1977 incorporating § 921(c) of Title 30, no remand was necessary because the ALJ had made factual findings...
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