I came across an article on the internet entitled Top 10 Veterans Service-Connected Disability Compensation Benefit Cases Decided by the Federal Circuit in 2009-2010 on the website of the law office of Donald D. Vanarelli Blog. If someone could put up a link to that blog I would appreciate it. The material is fascinating reading and provides a small goldmine of information. The Federal Circuit cases mentioned on the blog were Shinseki v. Sanders, Henderson v. Shinseki, Cushman v. Shinseki, Charles v. Shinseki, Golz v. Shinseki, Amberman v. Shinseki, Butler v. Shinseki, Munro v. Shinseki, Colantonio v. Shinseki, Nielson v. Shinseki. The aforementioned links also provides the case numbers. One case that particularly interested me and which I read was the case about Eugene Charles. He filed a claim in 1980 which was denied by V.A. and during the appeal period submitted new and material evidence in support of the claim. V.A. failed to prepare a statement of case after receipt of that evidence. A subsequent claim filed 2 years later was denied but no new and material evidence was submitted within a year. On appeal that claim was determined abandoned by BVA and CAVC. The Federal Circuit seemed to state in the Charles case that the lower court erred in determining that the 1982 claim was abandoned because the earlier 1980 claim was rendered non final by V.A.'s failure to act after receipt of evidence in support of the 1980 claim.
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deltaj
I came across an article on the internet entitled Top 10 Veterans Service-Connected Disability Compensation Benefit Cases Decided by the Federal Circuit in 2009-2010 on the website of the law office of Donald D. Vanarelli Blog. If someone could put up a link to that blog I would appreciate it. The material is fascinating reading and provides a small goldmine of information. The Federal Circuit cases mentioned on the blog were Shinseki v. Sanders, Henderson v. Shinseki, Cushman v. Shinseki, Charles v. Shinseki, Golz v. Shinseki, Amberman v. Shinseki, Butler v. Shinseki, Munro v. Shinseki, Colantonio v. Shinseki, Nielson v. Shinseki. The aforementioned links also provides the case numbers. One case that particularly interested me and which I read was the case about Eugene Charles. He filed a claim in 1980 which was denied by V.A. and during the appeal period submitted new and material evidence in support of the claim. V.A. failed to prepare a statement of case after receipt of that evidence. A subsequent claim filed 2 years later was denied but no new and material evidence was submitted within a year. On appeal that claim was determined abandoned by BVA and CAVC. The Federal Circuit seemed to state in the Charles case that the lower court erred in determining that the 1982 claim was abandoned because the earlier 1980 claim was rendered non final by V.A.'s failure to act after receipt of evidence in support of the 1980 claim.
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