Veterans Claims· 6/13/1997

Smith v. Brown

Citations

10 Vet. App. 330
1997 U.S. Vet. App. LEXIS 475
1997 WL 324387

How courts have described this case

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

vacating as ultra vires a Board decision issued without jurisdiction and dismissing appeal
vacating a Board decision issued after a veteran’s death and dismissing appeal
“‘[A]ny statutory tribunal must ensure that it has jurisdiction over each case before adjudicating the merits ....’” (quoting Barnett v. Brown, 83 F.3d 1380, 1383 (Fed.Cir.1996) (emphasis in Barnett))
BVA does not have jurisdiction over appeal when claimant dies during the appeals process
“[T]he Court always has jurisdiction to determine its jurisdiction over a case.”
BVA ruling on appeal of deceased claimant constitutes erroneous assertion of jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Ivers, Nebeker, Steinberg

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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