# Fleshman v. Brown

> United States Court of Appeals for Veterans Claims · November 22, 1996 · 9 Vet. App. 548

URL: https://www.frixlaw.com/law-library/cases/8167157

## Case

- **Full name:** Richard E. FLESHMAN v. Jesse BROWN, Secretary of Veterans Affairs
- **Court:** United States Court of Appeals for Veterans Claims
- **Decided:** November 22, 1996
- **Citations:** 9 Vet. App. 548; 1996 U.S. Vet. App. LEXIS 907; 1996 WL 679946
- **Precedential status:** Published
- **Opinion:** Concurrence by Kramer
- **Judges:** Farley, Ivers, Kramer
- **Cited by:** 8 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/8167157

## How later opinions describe it (automated extraction)

- stating that the certification and execution requirement contained in the formal application form “is an essential element of the form prescribed by the Secretary and affords evidentiary significance to the statements contained on the application and serves as a release to all…

## Opinion text

KRAMER, Judge,
concurring:
The appellant’s unexecuted claim cannot provide the basis for an earlier effective date on at least one, and perhaps two, other bases. First, because the appellant never returned the application form forwarded to him for execution, he is not entitled under 38 C.F.R. § 3.155 (a) (1995) to the filing date of the unexecuted claim. Second, assuming that because a claim is unexecuted it is missing requisite evidence, the appellant’s claim was incomplete under 38 U.S.C. § 5103 (a) and Isenhart v. Derwinski, 3 Vet.App. 177 (1992). Because the appellant was notified of such missing evidence, his failure to provide it within one year precludes the award of an earlier effective date. Third, again assuming that because a claim is unexecuted it is missing requisite evidence, the appellant’s failure to provide the missing evidence within one year after being requested to do so resulted in an abandoned claim under 38 C.F.R. § 3.158 (a) (1995), a circumstance which cannot give rise to an earlier effective date.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8167157. Public record. Not legal advice.