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· 10/21/2004

Espiridion L. Lueras v. Anthony J. Principi

Citations

  • 18 Vet. App. 435
  • 2004 U.S. Vet. App. LEXIS 651
  • 2004 WL 2403789

How courts have described this case

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

  • holding VCAA does not apply to claims for waiver of overpayment of pension benefits under chapter 53 because an applicant for waiver of overpayment is not seeking benefits under chapter 51; rather the applicant is requesting a waiver of recovery of indebtedness
  • holding VCAA does not apply to claims for waiver of overpayment of pension benefits under chapter 53 because an applicant for waiver of overpayment is not seeking benefits under chapter 51; rather the applicant is requesting a waiver of recovery of indebtedness
  • holding VCAA does not apply to claims for waiver of overpayment of pension benefits under chapter 53 because an applicant for waiver of overpayment is not seeking benefits under chapter 51; rather the applicant is requesting a waiver of recovery of indebtedness
  • holding VCAA does not apply to claims for waiver of overpayment of pension benefits under chapter 53 because an applicant for waiver of overpayment is not seeking benefits under chapter 51; rather the applicant is requesting a waiver of recovery of indebtedness
  • “The language in Barger clearly and explicitly precludes application of the VCAA [Veterans Claims Assistance Act of 2000, Pub.L. No. 106-475, 114 Stat.2096] notice provisions to chapter 53 proceedings.”
  • the VCAA does not apply to a waiver

Source: CourtListener parenthetical corpus (CC0).

Judges: Ivers, Kasold, Hagel

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.