Opinion

Smith v. Derwinski

  • 2 Vet. App. 429
  • 1992 U.S. Vet. App. LEXIS 130
  • 1992 WL 105473
Court
United States Court of Appeals for Veterans Claims
Filed
May 21, 1992
Status
Published
Author
Holdaway
On the bench
Holdaway, Kramer, Steinberg
Cited by
50 cases

holding that equitable tolling applies when VA failed to fulfill statutory duty to make "appellant aware of" requirement that he must specifically request retroactive pension benefits in order to be eligible to receive them

How later courts described this case

  • holding that equitable tolling applies when VA failed to fulfill statutory duty to make "appellant aware of" requirement that he must specifically request retroactive pension benefits in order to be eligible to receive them
  • affirming the Board’s factual determination that the ap *128 pellant was not precluded from filing a claim for pension benefits for at least 30 days from the time he became permanently and totally disabled
  • affirming the Board's factual determination that the appellant was not precluded from filing a claim for pension benefits for at least 30 days from the time he became permanently and totally disabled
  • No equities, no matter how compelling, can create a right to payment out of the United States Treasury that has not been provided for by Congress

Written by the judges who cited it.

The opinion

HOLDAWAY, Associate Judge,

concurring:

I concur in the result but disassociate myself from those portions of the opinion which discuss duty to assist and equitable tolling.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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