· 9/16/1998
Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs
Citations
- 155 F.3d 1356
- 1998 U.S. App. LEXIS 22608
- 1998 WL 635515
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that \systemic fairness and the appearance of fairness carries great weight\ within the veterans benefits system
- noting that the veterans benefits system is \so uniquely proclaimant [that] the importance of systemic fairness and the appearance of fairness carries great weight\
- holding invalid, as beyond requirements of 38 C.F.R. § 3.156(a) (1998), test enunciated in Colvin v. Derwinski, 1 Vet.App. 171, 174 (1991), for determining materiality of newly presented evidence
- holding the test created by the Court in Colvin to determine whether a claimant has submitted new and material evidence to reopen a claim was unnecessarily stringent and inconsistent with 38 C.F.R. § 3.156(a)
- stating that ”[t]his court and the Supreme Court both have long recognized that the character of the veterans’ benefits statutes is strongly and uniquely pro-claimant” and describing “the historically non-adversarial system of awarding benefits to veterans”
- stating that \[t]his court and the Supreme Court both have long recognized that the character of the veterans' benefits statutes is strongly and uniquely pro-claimant\ and describing \the historically non- adversarial system of awarding benefits to veterans\
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Michel, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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