Veterans Claims· 5/21/1992

Smith v. Derwinski

Citations

2 Vet. App. 429
1992 U.S. Vet. App. LEXIS 130
1992 WL 105473

How courts have described this case

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

holding that equitable tolling applies when VA failed to fulfill statutory duty to make \appellant aware of\ requirement that he must specifically request retroactive pension benefits in order to be eligible to receive them
affirming the Board's factual determination that the appellant was not precluded from filing a claim for pension benefits for at least 30 days from the time he became permanently and totally disabled
affirming the Board’s factual determination that the ap pellant was not precluded from filing a claim for pension benefits for at least 30 days from the time he became permanently and totally disabled
no equities, no matter how compelling, can create a right to payment out of the United States Treasury which has not been provided for by Congress
No equities, no matter how compelling, can create a right to payment out of the United States Treasury that has not been provided for by Congress
If “a reviewing court ‘find[s] the terms of a statute unambiguous, judicial inquiry is complete except in rare and exceptional circumstances.’” (quoting Demarest v. Manspeaker, 498 U.S. 184, 111 S.Ct. 599, 112 L.Ed.2d 608 (1991))

Source: CourtListener parenthetical corpus (CC0).

Judges: Holdaway, Kramer, Steinberg

Read full opinion on CourtListener

Cited by

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

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.