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Veterans Claims· 2/15/1991

Manio v. Derwinski

Citations

  • 1 Vet. App. 140
  • 1991 U.S. Vet. App. LEXIS 10
  • 1991 WL 146378

How courts have described this case

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

  • “BVA must perform a two-step analysis when a veteran seeks to reopen a claim based upon new and material evidence.”
  • “BVA must perform a two-step analysis when a veteran seeks to reopen a claim based upon new and material evidence.”
  • two-step analysis required when a veteran seeks to reopen a claim based upon new evidence
  • the Board “must evaluate the merits of appellant’s claim in light of all the evidence, both new and old.”
  • explicitly stating our authority to consider application of equitable defenses, but rejecting the Secretary’s equitable defense of laches because this defense was not raised to the Board
  • explicitly stating our authority to consider application of equitable defenses, but rejecting the Secretary's equitable defense of laches because this defense was not raised to the Board

Source: CourtListener parenthetical corpus (CC0).

Judges: Farley, Kramer, Mankin

Read full opinion on CourtListener

Cited by

242 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

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.