# Nici v. Brown

> United States Court of Appeals for Veterans Claims · October 30, 1996 · 9 Vet. App. 494

URL: https://www.frixlaw.com/law-library/cases/8167138

## Case

- **Full name:** George C. NICI v. Jesse BROWN, Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** October 30, 1996
- **Citations:** 9 Vet. App. 494; 1996 U.S. Vet. App. LEXIS 845; 1996 WL 628200
- **Precedential status:** Published
- **Opinion:** Concurrence by Ivers
- **Judges:** Holdaway, Ivers, Nebeker
- **Cited by:** 2 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/8167138

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8167138. Public record. Not legal advice.