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· 9/16/2008

Ellington v. Peake

Citations

  • 541 F.3d 1364
  • 2008 U.S. App. LEXIS 19572
  • 2008 WL 4207095

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, when a separate rating has been assigned for a secondary disability and a notice of disagreement has not been filed, 38 C.F.R. § 3.310(a
  • holding the interpretation of the contents of a claim for benefits is a factual issue
  • affirming that primary and secondary service connection claims are distinct for effective-date purposes
  • finding it “illogical” to award benefits on a certain date “when the evidence indicates that those conditions did not develop until some later date”
  • finding the effective date provisions of 38 C.F.R. § 3.400 “consistent with 38 U.S.C. § 5110”
  • finding the effective date provisions of 38 C.F.R. § 3.400 \consistent with 38 U.S.C. § 5110\

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Schall, Moore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.