Veterans Claims· 8/23/1993

Olson v. Brown

Citations

5 Vet. App. 430
1993 U.S. Vet. App. LEXIS 398
1993 WL 317659

How courts have described this case

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

holding that CUE existed in RO decision that had reduced veteran’s benefits where Court found that “[i]t is evident” that CUE existed therein
holding that the BVA has the authority to determine on a de novo basis whether new and material evidence existed to reopen a claim, notwithstanding the contrary determination (favorable to the appellant
Court, citing Russell, stated that because issue of CUE had been previously decided by the Board, it was not before the Court
when a determination of the AOJ is affirmed by the Board, the determination is subsumed by the final appellate decision
“Once there is a final decision on a particular claim of CUE, that particular claim of CUE may not be raised again; it is res judicata.”
Court reversed 1990 BVA decision that had found no CUE in 1982 final decision, notwithstanding previous BVA denial of CUE in that final decision as to different issue

Source: CourtListener parenthetical corpus (CC0).

Judges: Ivers, Mankin, Nebeker

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

Other cases with this name

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.