Opinion

Blanchard v. Derwinski

  • 3 Vet. App. 300
  • 1992 U.S. Vet. App. LEXIS 315
  • 1992 WL 240724
Court
United States Court of Appeals for Veterans Claims
Filed
Sep 30, 1992
Status
Published
Author
Nebeker
On the bench
Farley, File, Mankin, Nebeker, Opinions
Cited by
7 cases

The opinion

NEBEKER, Chief Judge,

concurring:

I concur in the judgment affirming the Board’s decision. I also agree with Judge Farley’s views respecting our Colvin holding that a reasonable possibility of success on reopening is a prerequisite to the reopening event. Any new and material evidence should be viewed as true for the limited purposes of reopening a final decision. It should be weighed for its persuasiveness or credibility after the finality veil is lifted — not before. However, I am bound to follow Colvin until and if the en banc court overrules it.

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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