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· 8/29/2002

Phillip Andre, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

Citations

  • 301 F.3d 1354
  • 2002 U.S. App. LEXIS 17914

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 Federal Circuit lacks jurisdiction over the Veterans Court’s ruling that an issue is abandoned
  • holding that the Veterans Court does not possess jurisdiction to entertain a new CUE claim that had never been decided by the Board
  • holding that “each ‘specific’ assertion of CUE constitutes a claim that must be the subject of a decision by the [Board] before the Veterans Court can exercise jurisdiction over it”
  • holding that this Court had no jurisdiction to review appellant's challenge to 1973 RO decision on CUE grounds that were \entirely separate and distinct claims that the Board's decision [on appeal] had not addressed\
  • holding that each new theory of CUE is a separate and distinct matter, and the Board lacks jurisdiction over any theory of CUE that has not been adjudicated by the RO in the first instance
  • holding that United States Court of Appeals for Veterans Claims had no jurisdiction to review appellant’s challenge to 1973 RO decision on CUE grounds that were “entirely separate and distinct claims that the Board’s decision [on appeal] had not addressed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Schall, Gajarsa, Linn

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.