Territory v. Kobayashi

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).