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· 8/1/2000

Sammie G. Nolen,claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs

Citations

  • 222 F.3d 1356
  • 2000 U.S. App. LEXIS 18362
  • 2000 WL 1055987

How courts have described this case

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

  • holding that once Secretary determined that claim was well grounded it was improper for this Court to reconsider matter
  • holding that \Secretary may not seek review\ in this Court of BVA decision that claim is well grounded
  • holding that this Court cannot vacate a VA determination favorable to a claimant because by making such a determination, VA \has waived any further challenges on the issue\
  • noting that “[n]either this Court nor the ... Federal Circuit has held whether this Court can disturb a favorable Board determination”
  • pointing out Congress’ recognition of the “strongly and uniquely pro-claimant system of awarding benefits to veterans”
  • discussing general principles of fairness in light of the fact that the veterans' benefits statutes are strongly and uniquely pro-claimant

Source: CourtListener parenthetical corpus (CC0).

Judges: Plager, Friedman, Rader

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.