Case law

Edison v. United States

18 Cl. Ct. 362 · United States Court of Claims · Oct 25, 1989

In addition, general discretion is further evidenced by the fact that hearings are not required by statute, but instead are left to the complete discretion of the board of military records. Flute v. … However, it does not require that regulations established by the respective secretaries of boards for correction of military records be identical. Flute, 535 F.2d at 629 ; see Winters v.

Peterson v. United States

104 Fed. Cl. 196 · United States Court of Federal Claims · Mar 29, 2012

Williams v. … The Court of Federal Claims does not sit as “a super correction board,” Skinner v.

White & Co. v. United States

2 Ct. Cust. 327 · Court of Customs and Patent Appeals · Nov 22, 1911

MONTGOMERY, Presiding Judge, delivered the opinion of the court: This is an appeal from a decision of the Board of General Appraisers, G. A. 7222 (T. … See United States v. Cerecedo ( 209 U. S., 337 ), and United States v. Falk ( 204 U. S., 143 ). The decision of the Board of General Appraisers, which sustained the action of the collector, is affirmed.

Parker v. Commissioner

31 B.T.A. 644 · United States Board of Tax Appeals · Nov 21, 1934

E, Brown was employed by George *1057 D. … Brown and wife, Blanche G. Brown, and Catherine Barr, each owning a one-sixth interest. The George D.

MANGABAT

14 I. & N. Dec. 75 · Board of Immigration Appeals · Jul 1, 1972

(1) The fact that a lower federal court has disagreed with a legal conclusion of the Board does not of itself require that the Board recede from that conclu- sion; the Board's jurisdiction is nationwide and the contrary … INS, 408 F.2d 1196 (1969); Lee Fook Chuey v. INS, 439 F.2d 244 (1971); United States v Os-Luna Picas, 443 F.2d 907 (1971); and Vitales v. - - INS, 443 F.2d 343 (1971).

Michael Kemp v. Department of the Army

Merit Systems Protection Board · Sep 20, 2024

Brown v. U.S. … Sheehan v. Department of the Navy, 240 F.3d 1009, 1014 (Fed. Cir. 2001).

Robert L. Guyler v. The United States

314 F.2d 506 · United States Court of Claims · Mar 6, 1963

Paragraph 27-8 of the specifications specifies that interior areas to be painted should include all wood, metal, concrete masonry units, gypsum board, cement-asbestos board, and similar surfaces, except where otherwise specified … Garrison v. United States, 7 Wall. 688, 690 , 19 L.Ed. 277 .

Allin v. United States

147 Ct. Cl. 459 · United States Court of Claims · Nov 4, 1959

Allin, Infantry, formerly classified as qualified for temporary limited service, be retained on temporary limited service; however, in accordance with the provisions of Section V, Par 6 d, WD Circular 313, dated 12 October … The Consultant makes a diagnosis of atrophy, musculature, left shoulder girdle, mild, and recommends that he be placed on six months’ temporary limited service; however, in accordance with the provisions of Section V, Par

Pope v. United States

16 Cl. Ct. 637 · United States Court of Claims · Apr 13, 1989

When substantial evidence supports a board’s action, and when that action is reasonable in light of all the evidence presented, the court will not disturb the result. Holman v. … When reasonable minds could reach differing conclusions in the same instance, the court will not substitute its own judgment for that of the military board. Maier v.

Ford v. United States

United States Court of Federal Claims · Apr 30, 2026

To avoid the court improperly reviewing a BCNR decision de novo, it is “normally limited to the administrative record developed before the military board” when deciding whether to grant judgment. Bateson v. … To begin, Flute v. United States provides that “[t]he denial of a hearing before the [Board does] not per se deprive plaintiff of due process.” Id. (quoting Flute v. United States, 535 F.2d 624, 628 (Ct. Cl. 1976)).

Berges v. Gottstein

618 F.2d 771 · Court of Customs and Patent Appeals · Apr 10, 1980

A different situation existed in Mikus v. Wachtel, supra, cited by the board as requiring acts entirely independent of the inventor. At first glance, the problem there appears similar to the instant one. … Senkus v.

Krauss v. United States

40 Fed. Cl. 834 · United States Court of Federal Claims · May 7, 1998

See, e.g., Orloff v. Willoughby, 345 U.S. 83, 93-94 , 73 S.Ct. 534 , 539 — 10, 97 L.Ed. 842 (1953); Murphy v. United States, 993 F.2d 871, 874 (Fed.Cir. 1993); Bunch v. … See Sargisson v.

LE

22 I. & N. Dec. 113 · Board of Immigration Appeals · Jul 1, 1998

Concurring and Dissenting Opinions: ROSENBERG, Board Member; GUENDELSBERGER, Board Member. Dissenting Opinions: SCHMIDT, Chairman; VILLAGELIU, Board Member. … See Matter of J- J-, 21 I&N Dec. 976 (BIA 1997) (stating that the Board may reopen on its own motion in exceptional circumstances); cf. Romero-Morales v.

United States v. Macy

7 Ct. Cust. 8 · Court of Customs and Patent Appeals · Mar 9, 1916

The Board of General Appraisers sustained the protest. … See also Steinhardt v.

Andrews v. Principi

16 Vet. App. 309 · United States Court of Appeals for Veterans Claims · Sep 12, 2002

He argues that, although the Board did not discuss the two documents in its decision, the Board had constructive notice of them and that the documents were, under Bell v. … Id. at 428; see also Schweiker v.

Stonecutter Mills Corporation v. Universal Overall Company, Universal Overall Company v. Stonecutter Mills Corporation

379 F.2d 979 · Court of Customs and Patent Appeals · Jun 22, 1967

Pedigree Fabrics, Inc., 161 F.2d 226 , 34 CCPA 1043, and Goodall-Sanford, Inc. v. J. M. Wood Mfg. Co., Inc., 100 USPQ 256 (Comr.1954). … The decision of the board is affirmed. Affirmed. 1 .

10-45 599

Board of Veterans' Appeals · May 29, 2015

Bernard v. Brown, 4 Vet. App. 384 (1993). The claims file contains the Veteran's service medical records, and post-service reports of VA and private treatment and examination. … Hyson v. Brown, 5 Vet. App. 262 (1993). Thus, the Veteran was properly notified of the decisions and of his appellate rights. 38 C.F.R. § 3.103 (2014).

Hedgewick v. Akers

497 F.2d 905 · Court of Customs and Patent Appeals · Jun 13, 1974

Egnot v. Looker, 387 F.2d 680 , 55 CCPA 782 (1967); MacMillan v. … We believe the board should have decided whether Hedgewiek possessed the necessary conception with a view to avoiding the results of a piecemeal decision in event of reversal. See Wakefield v.

Patterson v. United States

44 Fed. Cl. 468 · United States Court of Federal Claims · Aug 11, 1999

Sanders v. United States, 219 Ct.Cl. 285, 298 , 594 F.2d 804 (1979). … The record the court reviews is normally the one considered by the board. Long v. United States, 12 Cl.Ct. 174, 175 (1987).

Tonya Rhodes v. Department of Veterans Affairs

Merit Systems Protection Board · Apr 26, 2022

v. … Brown v. Office of Personnel Management, 113 M.S.P.R. 325, ¶ 5 (2010).