· 8/13/2002
Myers v. Principi
Citations
- 16 Vet. App. 228
- 2002 U.S. Vet. App. LEXIS 585
- 2002 WL 1837852
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claim remains open after it is placed in appellate status and before resolution by Board
- holding that claim remains open after it is placed in appellate status and before resolution by Board
- recognizing that a pending claim may be addressed when a subsequent claim for the same disability is explicitly adjudicated
- finding that the Board's reliance on the veteran's later actions as \conclusive evidence\ of the veteran's earlier intent \has no support in law or logic\
- noting that, although “plain meaning [of 38 U.S.C. § 4005(e) (now section 7105(d)(5))] strongly suggests that a discretionary authority is granted, the Court need not reach that issue”
- explaining that a pending claim can be addressed in a subsequent adjudication
Source: CourtListener parenthetical corpus (CC0).
Judges: Kramer, Ivers, Steinberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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