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Federal Circuit· 11/25/2009

Jackson v. SHINSEKI

Citations

  • 587 F.3d 1106
  • 2009 U.S. App. LEXIS 25822
  • 2009 WL 4067211

How courts have described this case

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

  • holding that an inferred claim for a TDIU is raised as part of an increased rating claim only when the Roberson requirements are met
  • holding that an inferred claim for a TDIU is raised as part of an increased rating claim only when the Roberson requirements are met
  • holding that the attorney was not entitled to charge and collect a fee for work leading to the veteran's award of total disability based upon individual unemployability (TDIU) where the original case did not reasonably raise the issue of TDIU
  • holding that the attorney was not entitled to charge and collect a fee for work leading to the veteran’s award of total disability based upon individual un-employability (TDIU) where the original case did not reasonably raise the issue of TDIU
  • TDIU is a part of an increased rating or initial rating only when there is evidence of unemployability
  • claim for total disability based upon individual unemploy-ability was a separate case for purposes of section 5904(c) because it required evidence of an essential element not present in the initial claim, i.e., evidence of unem-ployability

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Bryson, Linn

Read full opinion on CourtListener

Cited by

9 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

Other cases named Jackson v. SHINSEKI

7 other CourtListener records share this case name.

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.