Case law

Clifton Arline v. Denis McDonough

United States Court of Appeals for Veterans Claims · Jul 1, 2021

Arline's employment did not qualify as "in a protected environment" given his employment history. R. at 21. … We review the Board's credibility determination and other factual findings under the "clearly erroneous" standard. Butts v. Brown, 5 Vet.App. 532, 534 (1993) (en banc).

Mildred Nolan v. R. James Nicholson

20 Vet. App. 340 · United States Court of Appeals for Veterans Claims · Aug 30, 2006

Gage in requiring that she establish herself before VA as an eligible accrued-benefits claimant. … Cir. 1996) (stating that this Court could issue a limited remand to determine whether a person qualifies as an accrued-benefits claimant); cf. Fisher v.

Dunnagan v. Derwinski

2 Vet. App. 557 · United States Court of Appeals for Veterans Claims · May 28, 1992

On October 29, 1951, appellant underwent a separation examination and was found “physically qualified for release from active duty.” R. at 20. … Allen’s report sufficient to establish service connection for deviated nasal septum and continued to deny service connection. R. at 134.

Nagler v. Derwinski

1 Vet. App. 297 · United States Court of Appeals for Veterans Claims · Jun 6, 1991

Such a petitioner must show both (1) that he or she is clearly entitled to the writ, and (2) that there is available no adequate alternative means of obtaining the relief sought. Er-spamer, at 9. … Waivers of sovereign immunity cannot be implied; they must be explicit. United States v. Mitchell, 445 U.S. 535, 538 , 100 S.Ct. 1349, 1351 , 63 L.Ed.2d 607 (1980).

Tobin v. Derwinski

2 Vet. App. 34 · United States Court of Appeals for Veterans Claims · Dec 18, 1991

He found that the opinions of the VA physicians, offered by appellant, were “stated in qualifying terms and [did] not establish that [appellant’s] left knee condition [was] proximately due to or the result of his service-connected … When service connection is thus established for a secondary condition, the secondary condition shall be considered a part of the original condition.

James E. Buie v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims · Mar 23, 2011

Buie did not file Notices of Disagreement with those decisions is not clearly erroneous. … In addition, such a result would be in conflict with VA's well-established duty to maximize a claimant's benefits. See AB v.

Virginia T. Mayfield v. Denis McDonough

United States Court of Appeals for Veterans Claims · Jul 28, 2023

And "when accrued-benefits status is established by decision below or concession by the Secretary, standing is established." Id. … Breedlove did not break with this established rule.

Brooks v. Brown

5 Vet. App. 484 · United States Court of Appeals for Veterans Claims · Oct 8, 1993

Section 101(24) clearly distinguishes between disease and injury. … [A.] § 101(24) so as to establish incurrence of a disability during such duty, or aggravation by injury of a preexisting disorder.” O.G.C.Prec. 86-90 at 11.

Joe L. Monzingo v. Eric K. Shinseki

26 Vet. App. 97 · United States Court of Appeals for Veterans Claims · Nov 21, 2012

Shinseki, 573 F.3d 1282, 1287 (Fed.Cir.2009) (holding that it is the claimant’s general eviden-tiary burden to establish all elements of the claim). … Monzingo’s most recent hearing evaluation and acknowledged that his hearing loss was sufficiently severe to qualify as a disability for VA purposes. R. at 12. The Board also addressed Mr.

Smallwood v. Brown

10 Vet. App. 93 · United States Court of Appeals for Veterans Claims · Feb 3, 1997

The appellant’s foot disability is excreting a particularly foul-smelling drainage that seems to suggest that he may qualify as an exceptional case under section 3.321. … It was established in Floyd v.

James P. G Utierrez v. Anthony J. Principi

19 Vet. App. 1 · United States Court of Appeals for Veterans Claims · Dec 23, 2004

Service connection may be established directly or through a statutory presumption. … Except as provided in paragraph (c) of this section, VA will pay compensation in accordance with chapter 11 of title 38, United States Code, to a Persian Gulf veteran who exhibits objective indications of a qualifying

Richard W. Staab v. Robert A. McDonald

28 Vet. App. 50 · United States Court of Appeals for Veterans Claims · Apr 8, 2016

The statute establishes that VA reimbursement is warranted when coverage by a third party is less than total. See 38 U.S.C. § 1725(c)(4)(A), (B). … United States, 498 U.S. 103, 109 (1990) (noting "the established principle that a court should 'give effect if possible, to every clause and word of a statute'" (quoting United States v.

Dedicatoria v. Brown

8 Vet. App. 441 · United States Court of Appeals for Veterans Claims · Dec 19, 1995

Chapter 35[was] established.” In June 1990, the appellant submitted an application for dependency and indemnity compensation (DIC). … ANALYSIS The determination of whether, under 38 U.S.C. § 103 (a), a claimant is legally married to a veteran, as to qualify for DIC benefits, is a question of fact subject to the “clearly erroneous” standard of review in

John D. McCauley v. Denis McDonough

United States Court of Appeals for Veterans Claims · May 20, 2024

As the regulation says, "service connection will be severed only where evidence establishes that it is clearly and unmistakably erroneous." 38 C.F.R. § 3.105(d) (emphasis added). … See Stallworth, 20 Vet.App. at 488 ("[T]he severance decision focuses—not on whether the original decision was clearly erroneous—but on whether the current 'evidence establishes that [service connection] is clearly erroneous

Llewellyn R. Miller v. Robert L. Wilkie

United States Court of Appeals for Veterans Claims · Jan 16, 2020

fatigue claims in a 3 Record (R.) at 1858. 4 R. at 1849-55. 5 R. at 1787. 6 Id. 7 R. at 1434-1510; see also 38 U.S.C § 1117 (establishing … Thus, the Board's determination that the duty to assist was met was clearly erroneous.

Robert E. Crews v. Denis McDonough

United States Court of Appeals for Veterans Claims · Apr 17, 2023

of a presumptive condition and (2) qualifying Vietnam service, the Secretary posits that a veteran must have established a current disability to qualify for the retroactive effective date under section 1116A. … the veteran had not established a current disease or disability could qualify for an earlier effective date.

Richard Heller v. Denis McDonough

United States Court of Appeals for Veterans Claims · Nov 21, 2024

Hoping to qualify based on serious illness, he submitted much evidence showing his difficulties with suicidal ideation. … But see Dojaquez, 35 Vet.App. at 432, n.7 (recognizing that, when the Board determines that a claimant has not established a certain status, and the claimant thus cannot establish entitlement to the claimed benefit, such

Moreau v. Brown

9 Vet. App. 389 · United States Court of Appeals for Veterans Claims · Sep 12, 1996

link, established by medical evidence, between current symptomatology and the claimed in[-]service stressor. … Reviewing.this conclusion under the “clearly erroneous” standard, see Gilbert v.

Ramey v. Brown

9 Vet. App. 40 · United States Court of Appeals for Veterans Claims · Apr 1, 1996

The appellant filed a Notice of Disagreement in January 1991, in which she stated that the DNA clearly could not establish my husband’s location in Japan from his arrival in the Pacific Theater of Occupation until February … In Combee, 34 F.3d at 1043 , the Court stated:' Exposure alone, as a result of atmospheric testing or service in Hiroshima or Nagasaki, qualifies a veteran suffering from a listed disease that has become manifest within a

Nancy C. Gazaille v. Robert A. McDonald

27 Vet. App. 205 · United States Court of Appeals for Veterans Claims · Dec 4, 2014

of at least one year to qualify for dependency and indemnity compensation benefits. … Moreover, absent a “clearly expressed legislative intention to the contrary,” a statute’s plain meaning “must ordinarily be regarded as conclusive.” Consumer Prod. Safety Comm’n v.