Opinion

Bass v. West

  • 11 Vet. App. 432
  • 1998 U.S. Vet. App. LEXIS 1148
  • 1998 WL 648610
Court
United States Court of Appeals for Veterans Claims
Filed
Sep 23, 1998
Status
Published
Author
Steinberg
On the bench
Farley, Greene, Steinberg
Cited by
0 cases
Authority
More cited than 6.4%

The opinion

STEINBERG, Judge,

concurring:

Although I voted to deny the petitioner’s motion for panel decision, I note that he raises in his motion a question of whether the Department of Veterans Affairs has impeded action on his other claims by removing his claims file from the regional office (RO) without leaving copies for the RO to use in working on his other claims. In Perry v. West, the Court rebuked the Secretary for such delays “in light of the assurances provided to the Court in Neumann [v. Brown, U.S. Vet.App. No. 96-1726], as to ‘earlier release of claims file by the [General Counsel’s Office] and strategic copying of the claims files by the ROs and the Board [of Veterans’ Appeals] for use in remands and motions for reconsideration’ and as to the return of claims files to ROs as soon as *433 possible after the 30-day period for supplementing the [record on appeal] has expired in a particular case.” Perry, 11 Vet.App. 319, 333 (1998) (quoting Neumann (Secretary’s Response filed May 9, 1997, at 6)). Although the Court cannot address the petitioner’s concerns here because he first raised this issue after the Court had ruled on his case, see Savage v. Gober, 10 Vet.App. 488, 498 (1997), had the petitioner complained initially, I would have voted to require the Secretary to respond, as did the Court in Perry , to the petitioner’s allegations. Perry, 11 Vet.App. at 332 .

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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