Opinion

Nici v. Brown

  • 9 Vet. App. 494
  • 1996 U.S. Vet. App. LEXIS 845
  • 1996 WL 628200
Court
United States Court of Appeals for Veterans Claims
Filed
Oct 30, 1996
Status
Published
Author
Ivers
On the bench
Holdaway, Ivers, Nebeker
Cited by
2 cases

medical treatises appended to appellant’s brief were not part of record on appeal and could not be considered by Court

How later courts described this case

  • medical treatises appended to appellant’s brief were not part of record on appeal and could not be considered by Court

Written by the judges who cited it.

The opinion

IVERS, Judge,

concurring:

I concur in the opinion as written, but write separately to raise a point regarding the appellant’s pleadings in this ease. In the appellant’s Motion for Panel Review (Appellant’s Mot.), counsel for the appellant quotes from 38 U.S.C. § 1111 but in so doing, fails to include a key phrase (“... except as to defects, infirmities, or disorders, noted at the time of the examination, acceptance, and enrollment ...”), a phrase which is directly applicable to the facts in this case. See Appellant’s Mot. at 3.

Counsel is reminded that the Court does read counsel’s submissions and the pertinent statutes and regulations. An omission such as this is neither helpful to the Court nor helpful to counsel and counsel’s client. See Model Rules of PROFESSIONAL Conduct Rule 3.3(a)(3) cmt. (1994).

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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