· 5/3/2006
Zuri Zuberi v. R. James Nicholson
Citations
- 19 Vet. App. 541
- 2006 U.S. Vet. App. LEXIS 306
- 2006 WL 1157875
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that a JMR based on the Board’s failure to discuss an applicable regulation conceded administrative error
- determining that a JMR based on the Board's failure to discuss an applicable regulation conceded administrative error
- noting that it was for the Alaska Bar Association to determine whether attorney's neglect in missing filing deadline for bringing a timely appeal to this Court should give rise to disciplinary action
- awarding EAJA fees where the JMR directed the Board to address a regulation that it had failed to consider in its initial decision
- awarding EAJA fees where the JMR directed the Board to address a regulation that it had failed to consider in its initial decision
- a remand based on procedural error — such as a reasons-or-bases deficiency — is more than just an opportunity for further adjudication; it is a material alteration of the legal relationship between the parties that confers prevailing-party status
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Moorman, Schoelen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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