Opinion

Scott v. Principi

3 Vet. App. 352
1992 U.S. Vet. App. LEXIS 333
1992 WL 275879

Court: United States Court of Appeals for Veterans Claims
Filed: Oct 9, 1992
Status: Published
Author: Kramer
On the bench: Ivers, Kramer, Steinberg
Cited by: 3 cases
Authority: More cited than 13.1%

Kramer and Steinberg, JJ., concurring separately

How later courts described this case

Kramer and Steinberg, JJ., concurring separately

Written by the judges who cited it.

The opinion

KRAMER, Associate Judge,

concurring:

I agree with the result obtained in Judge Ivers’ opinion and the analysis used to obtain that result, except that I would not require appellant to prove her status as a spouse of the veteran by a preponderance of the evidence. As stated in my concurring opinion in Aguilar v. Derwinski, 2 Vet.App. 21, 23-24 (1991), status is but one element of a claim and should not be held to a burden of proof different than any other element.

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