# Smith v. Derwinski

> United States Court of Appeals for Veterans Claims · May 21, 1992 · 2 Vet. App. 429

URL: https://www.frixlaw.com/law-library/cases/6609460

## Case

- **Full name:** Edward F. SMITH v. Edward J. DERWINSKI, Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** May 21, 1992
- **Citations:** 2 Vet. App. 429; 1992 U.S. Vet. App. LEXIS 130; 1992 WL 105473
- **Precedential status:** Published
- **Opinion:** Concurrence by Holdaway
- **Judges:** Holdaway, Kramer, Steinberg
- **Cited by:** 50 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6609460

## How later opinions describe it (automated extraction)

- 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
- affirming the Board’s factual determination that the ap 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6609460. Public record. Not legal advice.