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· 10/15/2009

Pamela J. Sharp v. Eric K. Shinseki

Citations

  • 23 Vet. App. 267
  • 2009 U.S. Vet. App. LEXIS 1801
  • 2009 WL 3297568

How courts have described this case

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

  • holding that the order in which a veteran was awarded benefits was not relevant to determining eligibility to additional dependency compensation
  • rejecting VA interpretation of ambiguous language where the Secretary offered no support for his interpretation
  • rejecting VA interpretation of ambiguous language where the Secretary offered no support for his interpretation
  • \In the face of statutory ambiguity . . . the Court applies the rule that 'interpretative doubt is to be resolved in the veteran's favor.'\
  • entitlement to additional compensation for dependents is premised on any rating decision establishing compensation at the qualifying level
  • “Deference to the regulation that offers no additional clarity to the interpretive issue would be inappropriate.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moorman, Lance, Davis

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.