# Kandik v. Brown

> United States Court of Appeals for Veterans Claims · October 10, 1996 · 9 Vet. App. 434

URL: https://www.frixlaw.com/law-library/cases/8167125

## Case

- **Full name:** Stephen D. KANDIK v. Jesse BROWN, Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** October 10, 1996
- **Citations:** 9 Vet. App. 434; 1996 U.S. Vet. App. LEXIS 783; 1996 WL 583448
- **Precedential status:** Published
- **Opinion:** Concurrence by Steinberg
- **Judges:** Ivers, Mankin, Steinberg
- **Cited by:** 3 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/8167125

## Opinion text

STEINBERG, Judge,
concurring.
Although I concur in the opinion of the Court, I write separately on one point. In light of the basis for the Court’s disposition of this appeal, the issue whether the additional period of 18 months provided for in 38 U.S.C. § 3105 (b) is subject to the 12-year delimiting period set forth in 38 U.S.C. § 3103 need not be addressed. ' I note, however, that in the Secretary’s February 26, 1996, response to the Court’s November 1995 order the Secretary takes the position that 38 C.F.R. § 21.47 (d) (“periods during which employment assistance may be provided are not subject to limitations on periods of eligibility for vocational rehabilitation”, that is, the 12-year delimiting period set forth in 38 U.S.C. § 3103 ) is invalid as contrary to 38 U.S.C. § 3103 . In any event, it appears from the record (although the Board did not make a specific such finding) that the veteran had exhausted his entitlement to chapter 31 employment services (ES) benefits after having received the 18 months of ES. See 38 C.F.R. § 21.194 (d)(5) (1995); R. at 172 (ES from October 1995 through June 1986); R. at 197- *441 259 (ES from October 1989 through August 1990).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8167125. Public record. Not legal advice.