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· 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 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.