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· 8/8/2005

Kirkpatrick v. Nicholson

Citations

  • 417 F.3d 1361
  • 2005 U.S. App. LEXIS 16479
  • 2005 WL 1863275

How courts have described this case

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

  • explaining that a remand is not a “decision”
  • rejecting the appellant's contention that the Board's failure to address his arguments in a remand order constituted an implicit denial that should be viewed as a decision for purposes of appeal to this Court
  • \The Board's remand order does not address the issue of the Board's jurisdiction at all.\
  • “Our case law and section 7104(d)(2) define a Board decision as including an order granting appropriate relief or denying relief.”
  • “Our case law and section 7104(d)(2) define a Board decision as including an order granting appropriate relief or denying relief.”
  • Board’s remand “for additional medical examinations” was not a “decision” because it did not grant or deny relief

Source: CourtListener parenthetical corpus (CC0).

Judges: Lourie, Clevenger, Linn

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.