Case law

Cerise Checo v. Eric K. Shinseki

26 Vet. App. 130 · United States Court of Appeals for Veterans Claims · Jan 4, 2013

Nelson v. Nicholson, 19 Vet.App. 548, 553 (2006) (quoting Jacobellis v. Ohio, 378 U.S. 184, 197 (1964) (Stewart, Justice, concurring). In any event, here, the Court will presume that Ms. … Appellant's Reply at 3; see, e.g., Harper v.

210610-165383

Board of Veterans' Appeals · Oct 29, 2021

The Board has no alternative but to dismiss the appeal in this matter. See Sabonis v. Brown, 6 Vet. App. 426 (1994). JOHN Z. … JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Hemphill The Board's decision in this case is binding only with respect to the instant matter decided.

210914-184704

Board of Veterans' Appeals · Oct 29, 2021

See Hensley v. Brown, 5 Vet. App. 155, 157 (1993). To be adequate, a medical opinion must contain not only clear conclusions with supporting data, but also a reasoned medical explanation connecting the two. … Hensley v. Brown, 5 Vet. App. 155, 164 (1993).

Homer I. Henderson v. Donovan B. Grable

339 F.2d 465 · Court of Customs and Patent Appeals · Mar 4, 1965

Decepoli, 214 F.2d 134, 135 , 41 CCPA 968, 970; Wirkler v. … As Judge Rich stated for this court in Hall v.

Champagne v. United States

35 Fed. Cl. 198 · United States Court of Federal Claims · Mar 15, 1996

referred to the Board. … Absent convincing proof, this court will not impute bad faith or arbitrariness to the Physical Evaluation Board. See Wood v. United States, 176 Ct.Cl. 737, 743 , 1966 WL 8883 (1966) (citing Furlong v.

10-20 410

Board of Veterans' Appeals · Jun 29, 2015

The increased rating constitutes a partial grant of benefits, such that the issue remains on appeal and is for consideration by the Board. See AB v. Brown, 6 Vet. … The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment.

TRUONG

22 I. & N. Dec. 1090 · Board of Immigration Appeals · Jul 1, 1999

Both the Ninth Circuit and this Board have held that the Board’s consideration of a case constitutes an “action taken” within the meaning of section 321(c). See Valderrama-Fonseca v. … Board Member Neil P.

Aircraft Associates & Mfg. Co., Inc. v. The United States

357 F.2d 373 · United States Court of Claims · Mar 18, 1966

Thus, in Robertson v. … Greenway v. United States, 163 Ct.Cl. 72 (1963).

Ambrose-Augusterfer Corporation v. The United States

394 F.2d 536 · United States Court of Claims · May 10, 1968

Finally, both parties on brief have without hesitation assumed that the Board concluded that the plaintiff should have known that the wiring ran through the ducts. Cf. Sundstrand Turbo v. … See Hollerbach v. United States, supra, 233 U.S. at 172 , 34 S.Ct. 553 . The Board found that plaintiff’s inspection was very limited and rather casual.

11-13 741

Board of Veterans' Appeals · Apr 29, 2016

Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994). III. … See Jones v. Brown, 7 Vet. App. 134 (1994). Moreover, the appellant has stated that the Veteran's diabetes was a result of his herbicide exposure.

Chisolm v. United States

65 Fed. Cl. 497 · United States Court of Federal Claims · Apr 26, 2005

Citing the principle that the court will not substitute its judgment for that of the board’s, Wronke v. … The court based its decision on two earlier eases, Porter v. United States 163 F.3d 1304, 1321 (Fed. Cir.1998), and Richey v.

Auffmordt v. United States

7 Ct. Cust. 56 · Court of Customs and Patent Appeals · Apr 11, 1916

The board relied in its decision upon the case of Robinson v. United States ( 122 Fed., 970 ). … See American Bead Co. v. United States ( 5 Ct. Cust. Appls., 459 ; T. D. 35001). The decision of the board is reversed.

Garcia Martinez

29 I. & N. Dec. 169 · Board of Immigration Appeals · Aug 8, 2025

In Medrano-Dominguez v. … See Popoola v.

09-18 072

Board of Veterans' Appeals · Feb 29, 2016

AB v. Brown, 6 Vet. App. 35, 38 (1993). Thus, the issue remains on appeal and has been recharacterized to reflect the staged ratings. … The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999).

Cleary v. Principi

3 Vet. App. 495 · United States Court of Appeals for Veterans Claims · Nov 24, 1992

See Meister v. Derwinski, 1 Vet.App. 472, 473 (1991). … See MacWhorter v. Derwinski, 2 Vet.App. 133, 134-36 (1992). REVERSED AND REMANDED.

Peoples v. United States

87 Fed. Cl. 553 · United States Court of Federal Claims · Jun 29, 2009

Corp. v. … Thus, it remanded the case to the correction board to render a new decision. Id. Further, in Sanders v.

James A. Patterson and Glenn K. Lissner v. Karl-Heinz Hauck

341 F.2d 131 · Court of Customs and Patent Appeals · Feb 18, 1965

Thurston v. … In Guinot v.

In re Smith

458 F.2d 1389 · Court of Customs and Patent Appeals · May 18, 1972

See Martin v. Johnson, supra; In re Lukach, 58 CCPA 1233, 443 F. 2d 967 , 169 USPQ 795 (1971). … Compare Martin v. Johnson, supra; Fields v.

Mayer v. United States

201 Ct. Cl. 105 · United States Court of Claims · Mar 16, 1973

See Skaradowski v. United States, 200 Ct. Cl. 488 , 471 F. 2d 627 (1973). The Correction Boards undoubtedly do have equitable powers to be exercised in appropriate cases. … The decision of a military correction board will not be disturbed unless it is arbitrary, capricious, or contrary to law. Muldonian v. United States, 193 Ct. Cl. 99 , 432 F. 2d 443 (1970).

Pantasote Co. v. United States

1 Ct. Cust. 47 · Court of Customs and Patent Appeals · Oct 18, 1910

In United States v. Schering (123 Fed. … United States v. Rosen-wald (67 Fed. Rep., 323); Arthur v. Unkart ( 96 U. S., 122 ); Muser v. Magone ( 155 U. S., 240 ). We have heretofore recited the issuable facts in this case.