Opinion

Angel Vazquez-Flores v. Eric K. Shinseki

  • 24 Vet. App. 94
  • 2010 U.S. Vet. App. LEXIS 1937
  • 2010 WL 4146124
Court
United States Court of Appeals for Veterans Claims
Filed
Oct 22, 2010
Status
Published
Author
Hagel
On the bench
Kasold, Greene, Hagel
Cited by
23 cases
Authority
More cited than 0.0%

holding that, although failing to provide notice or providing defective notice of the evidence necessary to substantiate a claim would have a naturally prejudicial effect, other notice errors generally would not have such an effect

How later courts described this case

  • holding that, although failing to provide notice or providing defective notice of the evidence necessary to substantiate a claim would have a naturally prejudicial effect, other notice errors generally would not have such an effect
  • noting that a lack of notice regarding "a key element needed to substantiate the claim" deprives the claimant of a meaningful opportunity to participate in the processing of her claim
  • "[P]rejudice is not assessed in a vacuum; rather it is based on the facts and circumstances presented in the entire record."
  • “An increased-rating claim is the same as a claim for increased benefits and the terms [can be] used interchangeably ....”

Written by the judges who cited it.

The opinion

HAGEL, Judge,

concurring in the result:

Although I agree with the majority’s opinion in this appeal, I feel compelled to reiterate my disagreement with the majority’s conclusions in Vazquez-Flores I that an appellant’s postadjudicatory participation in the VA appellate process can alone render a section 5103(a) notice error nonprejudicial. Because the Federal Circuit did not address this issue in Vazquez-Flores II, 580 F.3d 1270 (Fed.Cir.2009), the Court’s majority opinion as to these issues stands undisturbed. Therefore, for the reasons stated in my concurrence in Vazquez-Flores I, see 22 Vet.App. 37, 51-57 (2008), I continue to respectfully disagree with the majority’s apparent minimization of the duty to notify.

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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