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· 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 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.