# Blanchard v. Derwinski

> United States Court of Appeals for Veterans Claims · September 30, 1992 · 3 Vet. App. 300

URL: https://www.frixlaw.com/law-library/cases/6609992

## Case

- **Full name:** Tim A. BLANCHARD v. Edward J. DERWINSKI, Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** September 30, 1992
- **Citations:** 3 Vet. App. 300; 1992 U.S. Vet. App. LEXIS 315; 1992 WL 240724
- **Precedential status:** Published
- **Opinion:** Concurrence by Nebeker
- **Judges:** Farley, File, Mankin, Nebeker, Opinions
- **Cited by:** 7 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/6609992

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6609992. Public record. Not legal advice.