Flora L. Barnett, Claimant-Appellant v. Jesse Brown, Secretary of Veterans Affairs

How courts have described this case

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

• holding that whether specific evidence presented by a vet- eran is “new and material” involves either a factual deter- mination or an application of law to facts
• holding “that the Board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented”
• holding “that the Board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented”
• noting that before considering a previously adjudicated claim, the Board must determine that new and material evidence was presented or secured for the claim, making RO determination in that regard irrelevant
• Section 7104[, of title 38, U.S.Code,] does not vary the Board’s jurisdiction according to how the regional office ruled.
• \[I]t is well-established judicial doctrine that any statutory tribunal must ensure that it has jurisdiction over each case before adjudicating the merits.\

Source: CourtListener parenthetical corpus (CC0).