· 2/5/2004
James E. Szemraj, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs
Citations
- 357 F.3d 1370
- 2004 U.S. App. LEXIS 1719
- 2004 WL 212569
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \VA has a duty to sympathetically read a veteran's allegations in all benefit claims\
- holding that the Secretary must sympathetically read prior pro se filings in determining if CUE exists in an earlier decision
- discussing VA's duty to \give a sympathetic reading to the veteran's filings to determine all claims for recovery supported by a liberal construction of those allegations\
- exercising jurisdiction and holding “the [Veterans Court] misunderstood our decision in Roberson,” but affirming on the grounds of harmless error “because Roberson has no application to the circumstanc- es of this case”
- requiring the Secretary to give a sympathetic reading to a veteran’s filings
- “But our decision in Roberson is not limited to its particular facts as the Court of Appeals for Veterans Claims appears to have suggested here.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Dyk, Prost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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