Case law

11-29 194

Board of Veterans' Appeals · Jul 31, 2014

Caluza v. Brown, 7 Vet. App. 498, 506 (1995). Equal weight is not accorded to each piece of evidence contained in the record, and every item of evidence does not have the same probative value. Gilbert v. … Ennis v. Brown, 4 Vet. App. 523, 527 (1993); McGinty v. Brown, 4 Vet. App. 428, 432 (1993).

Baginsky

221 Ct. Cl. 908 · United States Court of Claims · Oct 19, 1979

Camero v. United States, 170 Ct. Cl. 490 , 345 F.2d 798 (1965); see also Vitarelli v. Seaton, 359 U.S. 535 (1959); Service v. Dulles, 354 U.S. 363 (1957). … Where there is conflicting evidence, the board’s decision regarding the credibility of the persons appearing before it must be given great weight. See *913 Korman v. United States, 199 Ct.

In re Gruschwitz

320 F.2d 401 · Court of Customs and Patent Appeals · Jul 26, 1963

F 15842 V/37d, and the invention has since become patented in Germany on the basis of that application. … They contain no specification as to what error the board committed. If, in fact, the board did commit error it has not been pointed out.

Heerdt v. Derwinski

1 Vet. App. 551 · United States Court of Appeals for Veterans Claims · Nov 12, 1991

MEMORANDUM DECISION MANKIN, Associate Judge: Appellant seeks review of a July 31, 1990, Board of Veterans’ Appeals (Board) decision which discontinued appellant’s total rating based on individual unemployability for a service-connected … See Swan v. Derwinski, 1 Vet.App. 386 (1991); 38 U.S.C. § 7261 (a)(3)(D) (formerly § 4061); 38 C.F.R. § 3.105 (a) (1990).

In re Priest

582 F.2d 33 · Court of Customs and Patent Appeals · Aug 17, 1978

The action taken by the board is modified. … The solicitor cites In re Willis, 455 F.2d 1060 , 59 CCPA 822, 172 USPQ 667 (1972); In re Reese, 359 F.2d 462 , 53 CCPA 1099, 149 USPQ 362 (1966); Klemperer v.

Recreational Equipment, Inc.

Trademark Trial and Appeal Board · Nov 20, 2020

Nucleonics Corp. v. Hinde, 475 F.2d 1197, 177 USPQ 386, 387 (CCPA 1973) (internal citations omitted). The facts in the Major League Umpires case were unusual. … See generally Dan Robbins & Assocs., Inc. v.

Elston Co. v. United States

21 F. Supp. 267 · United States Court of Claims · Dec 6, 1937

In Clarke v. Haberle Crystal Springs Brewing Co., 280 U. … The defendant suggests that the Board cases just referred to were decided prior to the decisions of the Supreme Court in Clarke v. Haberle Crystal Springs Co., supra, and Renzie-hausen v. Lucas, supra.

Bond v. United States

47 Fed. Cl. 641 · United States Court of Federal Claims · Sep 12, 2000

Department of Defense Board Review, § V(3)(a) at 13. … The report mentions nothing about board composition impacting the independence of the board. Id. § V(3) at 13-14.

Caldwell v. Derwinski

1 Vet. App. 466 · United States Court of Appeals for Veterans Claims · Sep 17, 1991

Caldwell, appeals a decision of the Board of Veterans’ Appeals (BVA or Board) issued on August 2, 1990. … Colvin v. Derwinski, 1 Vet.App. 171, 174-75 (1991); Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990) (The BVA must provide reasons or bases for its medical conclusions).

09-05 618

Board of Veterans' Appeals · Mar 23, 2011

Crowe v. Brown, 7 Vet. App. 238, 247-48 (1994); Hunt v. Derwinski, 1 Vet. App. 292, 297 (1991). … See Caluza v. Brown, 7 Vet.

Sherwin v. United States

42 Fed. Cl. 672 · United States Court of Federal Claims · Jan 13, 1999

United States, [ 164 Ct.Cl. 738, 742-43 (1964),] that resort to the Discharge Review Board is permissive, not mandatory, and the same is true, a fortiori, of the Correction Board.”); West v. … Sherwin’s appeal of a Merit Systems Protection Board (MSPB) decision; MSPB decision affirmed); Sherwin v. Billmyer, 978 F.2d 1256 (4th Cir.1992) (table) (Mr. Sherwin brought a Bivens action [Bivens v.

Lockheed Aircraft Corp. v. United States

485 F.2d 584 · United States Court of Claims · Oct 17, 1973

Sylvania Electric Products, Inc. v. United States, ante at 16, 479 F. 2d 1342 (1973). … The evidence in the record simply is not substantial enough to support the Board’s conclusion of intentional understatement. The substantial evidence standard of .reasonableness has not been met. Turnbull, Inc. v.

Stone v. Derwinski

2 Vet. App. 56 · United States Court of Appeals for Veterans Claims · Jan 6, 1992

See Smith v. Derwinski, 1 Vet.App. 267, 278 (1991). II. … See Gilbert v. Derwinski, 1 Vet.App. 49 (1990).

Moody

650 F.2d 290 · United States Court of Claims · Feb 15, 1980

Doyle v. United States and Adams v. United States, 220 Ct. Cl. 326 , 609 F. 2d 990 (1979). … Cl. 481 (1978), cert. denied, 439 U.S. 1068 (1979); McGahey v. United States, 213 Ct. Cl. 717 (1977); Eurell v. United States, 215 Ct. Cl. 273 , 566 F. 2d 1146 (1977); Devine v. United States, 208 Ct.

Sanborn Bros. v. Commissioner

14 B.T.A. 1059 · United States Board of Tax Appeals · Jan 8, 1929

California National Supply Co. v. Flack, 183 Cal. 124 ; 190 Pac. 634 ; Van Landingham v. United Tuna Packers, 208 Pac. 973 . … Caire, 174 Cal. 74 ; 161 Pac. 1161 ; see also Rossi v. Caire, 199 Pac. 1042 ; Ransome-Crummey Co. v. Superior Court, 205 Pac. 446 .

MySpace, Inc. v. Donnell Mitchell

Trademark Trial and Appeal Board · May 11, 2009

v. Donnell Mitchell Before Seeherman, Rogers and Taylor, Administrative Trademark Judges. … plaintiff’s counsel, in direct violation of the Board’s order.

Shell Co. of California v. Commissioner

10 B.T.A. 1324 · United States Board of Tax Appeals · Mar 12, 1928

The matter of granting the respondent additional time in which to answer being within the discretion of the Board, as .decided in Shults Bread Co. v. Commissioner, 10 B. T. … By the Board: (Signed) C. Rogers Arundell, Member, United States Board of Tax Appeals. Dated March 12, 1928. Sternhagen, Van Fossan, and Murdock dissent.

Universal Overall Company v. Stonecutter Mills Corporation

379 F.2d 983 · Court of Customs and Patent Appeals · Jun 22, 1967

That application is involved in Opposition No. 40,441, in which *984 cross appeals from the decision of the Trademark Trial and Appeal Board are decided concurrently herewith, Stonecutter Mills Corp. v. … The same parties and the same opposition proceeding are involved here as in Universal Overall Company v.

Derby v. Whitworth

62 F.2d 368 · Court of Customs and Patent Appeals · Dec 27, 1932

Gowen v. Hendry & King, 37 F.(2d) 426, 428 ,17 C. C. P. A. 789; Dorer v. Moody, 48 F.(2d) 388 , 18 C. C. P. A. 1188. As was said in the opinion in said case of Gowen v. … Gowen v. Hendry & King, supra; Mell v. Midgley, 31 App. D. C. 534. In the case of Burson v. Vogel, 29 App. D.

Block v. Commissioner

39 B.T.A. 338 · United States Board of Tax Appeals · Feb 7, 1939

A. 45; aff'd., 50 Fed. (2d) 158; Carr v. Commissioner, 28 Fed. (2d) 551, affirming a Board decision; Commissioner v. Liberty Bank & Trust Co., 59 Fed. (2d) 320; Cooper v. … Reviewed by the Board. Decision will be entered u/nder Rule 50.