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Top 10 Veterans Cases


deltaj
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  • HadIt.com Elder

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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http://www.dvanarelli.com/blog/?p=6687#more-6687

Good info Delta!!!!!!!!!!!!!!!!

I cant wait to read these-

some we discussed here already and Harvey V SHinseki isnt in this list as this decision is new-

-I need to remind all Harvey is new and it contains dynamic court review.

It contains the strongest wording yet to find the Secretary in contempt.

As Carlie replied to this case:

"Here, it took the Secretary 666 days to comply with the Court's June 2008 remand order."

That is absurd.

A lawyer just told a vet I know to send the VA a copy of it- as he has been in a stall pattern on remand too,.

I think Katrina Eagles won this case.

Edited by Berta
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  • HadIt.com Elder

This means there is hope for me. My lawyer says he will take my CUE to the federal court if we don't win at the Vet's Court. If a WWII vet can win after 50 years then so can I after a mere 35 years.

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This May help my claim also, where the VA never sent me a statement of the case after a C&P exam in 1973.

Many Thanks

Paul

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