· 4/26/2017
State v. T.Y.
Citations
- 285 Or. App. 21
- 396 P.3d 986
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there was a final BVA decision for attorney-fee purposes where the BVA had failed to adjudicate a reasonably raised claim
- holding that fail ure of BVA to adjudicate claim before it constitutes denial of that claim for purposes of determining if attorney may lawfully be paid fee for representing claimant in VA adjudication process
- holding that failure of Board to adjudicate a claim before it constitutes denial of that claim for purposes of determining if attorney may lawfully be paid fee for representing claimant in VA adjudication process
- under law of case doctrine, “Board was not free to do anything contrary to this Court’s [prior] action” with respect to same claim
- Court decision was “law of the case”; Board on remand was not free to do anything contrary to that decision
- “Where the BVA fails to adjudicate a claim that was reasonably raised before it, the net outcome for the veteran amounts to a denial of the benefit sought.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dehoog, Flynn, Sercombe, Tempore
Read full opinion on CourtListenerSourced 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.