Crisanto v. Soria, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 118 F.3d 747 (Fed. Cir. 1997). · Go Syfert
Crisanto v. Soria, Claimant-Appellant v. Jesse Brown, Sec'y of Vets. Affairs, 118 F.3d 747 (Fed. Cir. 1997). Cases Citing This Book View Copy Cite
86 citation events (85 in the last 25 years) across 3 distinct courts.
Strongest positive: Dela Cruz v. Wilkie (cafc, 2019-07-26)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Dela Cruz v. Wilkie (3×) also: Cited as authority (rule)
Fed. Cir. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the united states service department refuses to verify the applicant's claimed service, the applicant's only recourse lies within the relevant service department, not the va.
examined Cited as authority (verbatim quote) Cruz v. Wilkie (2×) also: Cited as authority (quoted)
Fed. Cir. · 2019 · signal: see · quote attribution · 2 verbatim quotes · confidence high
if the united states service department refuses to verify the applicant's claimed service, the applicant's only recourse lies within the relevant service department, not the va.
discussed Cited as authority (verbatim quote) Emmanuel Go v. Shinseki (2×) also: Cited as authority (rule)
Fed. Cir. · 2013 · quote attribution · 1 verbatim quote · confidence high
if the united states service department refuses to verify the applicant's claimed service, the applicant's only recourse lies within the relevant service department, not the va.
examined Cited as authority (verbatim quote) 10-06 733
Board of Vet. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
the u.s. court of appeals for the federal circuit's (federal circuit) decision recognizes that service department certifications that philippine service either qualifies or does not qualify the claimant for veteran status are conclusive and binding on va.
examined Cited as authority (verbatim quote) Alberto Q. Palor v. R. James Nicholson (7×) also: Cited as authority (rule), Cited "see"
Vet. App. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
where service department certification is required, . . . the va has long treated the service department's decision on such matters as conclusive and binding on the va. . . . this court sees no error in that treatment.
examined Cited as authority (verbatim quote) Alberto Q. Palor v. R. James Nicholson (5×) also: Cited as authority (rule)
Vet. App. · 2007 · signal: see · quote attribution · 1 verbatim quote · confidence high
where service department certification is required, . . . the va has long treated the service department's decision on such matters as conclusive and binding on the va. . . . this court sees no error in that treatment.
discussed Cited as authority (verbatim quote) Rivera v. Principi (2×) also: Cited as authority (rule)
Fed. Cir. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
if the united states service department refuses to verify the applicant's claimed service, the applicant's only recourse lies within the relevant service department, not the va.
cited Cited as authority (rule) Jeffrey K. Lile v. Denis McDonough
Vet. App. · 2024 · confidence medium
In short, Duro and Soria don't speak to the issue before us at all.52 46 Soria v. Brown, 118 F.3d 747, 749 (Fed.
discussed Cited as authority (rule) Juliet T. Tagupa v. Robert A. McDonald (2×)
Vet. App. · 2014 · confidence medium
The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) recognized that "VA has long treated the service department's decision on [verification] as conclusive and binding." Soria v. Brown, 118 F.3d 747, 749 (Fed.
discussed Cited as authority (rule) Capellan v. Peake (2×)
Fed. Cir. · 2008 · confidence medium
The Veterans Court cited Duro, 2 Vet.App. at 532 , and Soria v. Brown, 118 F.3d 747, 749 (Fed.Cir.1997), where the Federal Circuit observed that “Philippine veterans are not eligible for veterans’ benefits unless a United States service department documents or certifies their service.” Subsequent cases have recognized that the Soria decision preceded the enactment in 2000 of the statutory duty to assist.
cited Cited as authority (rule) Dacaldacal v. Peake
Fed. Cir. · 2008 · confidence medium
Soria v. Brown, 118 F.3d 747, 749 (Fed.Cir.1997).
discussed Cited as authority (rule) Rosa G. Canlas v. R. James Nicholson
Vet. App. · 2007 · confidence medium
“Philippine veterans are not eligible for veterans’ benefits unless a United States service department documents or certifies their service.” Soria v. Brown, 118 F.3d 747, 749 (Fed.Cir.1997); see 38 C.F.R. § 3.41 (a) (2006).
examined Cited as authority (rule) Celerina Pelea v. R. James Nicholson (6×) also: Cited "see"
Vet. App. · 2005 · confidence medium
Soña, 118 F.3d at 748 (boldface-italic emphasis added).
discussed Cited as authority (rule) Browne v. Nicholson
Fed. Cir. · 2005 · confidence medium
Citing the applicable statutes concerning qualifying service for nonserviceconnected pensions and Duro v. Derwinski, 2 Vet.App. 530 (1992) for the proposition that service department findings are binding for purposes of establishing service, the Court of Appeals for Veterans Claims properly concluded that Browne’s claim “fails as a matter of law.” See Soria v. Brown, 118 F.3d 747, 749 (Fed.Cir.1997) (noting “the VA has long treated the service department’s decision on [an applicant’s verified service] as conclusive and binding,” and seeing “no error in that treatment”).
discussed Cited as authority (rule) Raguine v. Principi
Fed. Cir. · 2004 · confidence medium
However, as we stated in Soria, v. Brown, 118 F.3d 747, 749 (Fed.Cir.1997), “Phillipine veterans are not eligible for veterans’ benefits unless a United States service department documents or certifies their service.” Because ARPERCEN determined that Cirilo Ra-guine’s service was not recognized for purposes of receiving veterans’ benefits, Alfonso Raguine is not eligible for benefits.
discussed Cited as authority (rule) Raguine v. Principi
Fed. Cir. · 2004 · confidence medium
However, as we stated in Soria v. Brown, 118 F.3d 747, 749 (Fed.Cir.1997), “Phillipine veterans are not eligible for veterans’ benefits unless a United States service department documents or certifies their service.” Because ARPERCEN determined that Cirilo Raguine’s service was not recognized for purposes of receiving veterans’ benefits, Alfonso Raguine is not eligible for benefits.
cited Cited "see" 11-00 215
Board of Vet. App. · 2013 · signal: see · confidence high
See Soria v. Brown, 118 F.3d 747, 749 (Fed.
discussed Cited "see" Peralta v. Principi
Fed. Cir. · 2004 · signal: see · confidence high
See Soria v. Brown, 118 F.3d 747 (Fed.Cir.1997) (when the service department certification is required, the Department of Veterans Affairs may properly refuse a claim for benefits if the service department refuses to verify such service).
discussed Cited "see" William E. Frasure , Jr. v. Anthony J. Principi (2×) also: Cited "see, e.g."
Vet. App. · 2004 · signal: see · confidence high
See Soria, supra (noting that “if the United States service department refuses to verify the applicant’s claimed service, the applicant’s only recourse lies within the relevant service department, not ...
discussed Cited "see" Spencer v. West
Vet. App. · 2000 · signal: see · confidence high
Simply put, the Court has held that, pursuant to 38 C.F.R. § 3.203 , “service department findings are binding on VA for purposes of establishing service in the U.S. Armed Forces.” Duro v. Derwinski, 2 Vet.App. 530, 532 (1992); see Soria v. Brown, 118 F.3d 747 (Fed.Cir.), cert. denied, 522 U.S. 958 , 118 S.Ct. 386 , 139 L.Ed.2d 301 (1997); Cahall v. Brown, 7 Vet.App. 232, 237 (1994); see also 38 C.F.R. § 3.12 (e) (1999) (“honorable discharge or discharge under honorable conditions issued through a board for correction of records established under authority of 10 U.S.C. [§ ] 1552 is fin…
Retrieving the full opinion text from the archive…
Crisanto
v.
SORIA, Claimant-Appellant, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee
97-7036.
Court of Appeals for the Federal Circuit.
Jul 1, 1997.
118 F.3d 747
1997 U.S. App. LEXIS 16193
1997 WL 360989
Crisanto V. Soria, pro se, Philippines, claimant-appellant. ., Kenneth M. Kulak, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Anthony M. Anikeeff, Assistant Director.
Mayer, Rader, Bryson.
Cited by 28 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Federal Circuit (1)
RADER, Circuit Judge.

Crisanto' V. Soria seeks review of the December 31, 1996, decision of the United States Court of Veterans Appeals, Docket No. 95-1019, determining that Mr. Soria had no qualifying service for purposes of claiming veterans’ benefits. This court affirms.

BACKGROUND

In November 1990, Mr. Soria filed a claim with the Department of Veterans Affairs (VA) seeking veterans’ benefits based on his three years of service with the Philippine Commonwealth Army. VA regulations allow Philippine veterans to claim such benefits, but only if their service is documented or verified by the Armed Forces of the United States. See 38 C.F.R. §§ 3.9, 3.203(a), (c).

After a United States Department of the Army investigation revealed no record of qualifying service for Mr. Soria, the VA denied his claim. Mr. Soria submitted further documentation, including a certification by the Republic of Philippines Department of National Defense that he had served in the Philippine Army from May 1945 to February 1948. The United States Army, however, still refused to certify Mr. Soria’s service. Accordingly, the VA again denied Mr. Soria’s claim. Mr. Soria filed a notice of disagreement with that decision. On July 31, 1995, the Board of Veterans’ Appeals upheld the VA’s decision, finding that applicable regulations required Mr. Soria to prove his Philippine service with certification from a United States service department. Mr. Soria did not meet that requirement.

On December 31,1996, the Court of Veterans Appeals affirmed the Board’s decision. By this appeal, Mr. Soria seeks review of the Court of Veterans Appeals’ decision.

DISCUSSION

Title 38 of the United States Code authorizes the Secretary of Veterans Affairs (Secretary) to prescribe the nature of proof necessary to establish entitlement to veterans’ benefits. See 38 U.S.C. § 501(a)(1). Under that authority, the Secretary has promulgated, inter alia, 38 C.F.R. §§ 3.9 and 3.203(a), (e) to govern the conditions under which the VA may extend veterans’ benefits based on service in the Philippine Commonwealth Army. Those regulations require that an applicant prove his service in the Philippine Commonwealth Army with either official documentation issued by a United States service department or verification of the claimed service by such a department. See 38 C.F.R. § 3.9(a) (authorizing veterans’ status for Philippine veterans “from the date certified by the Armed Forces [of the United[*749] States]”), § 3.203(a) (requiring service department documentation of service where available), § 3.203(c) (requiring service department verification of service where documentation is not available).

Mr. Soria argues that Almero v. INS, 18 F.3d 757 (9th Cir.1994), requires the VA to accept the Philippines Department of National Defense’s certification of his veteran status as proof of his service. In Almero, the Ninth Circuit held that section 405 of the Immigration Act of 1990, codified at 8 U.S.C. § 1440, which pertains exclusively to immigration and naturalization, does not limit certification to documents generated by the Unites States Department of the Army, but rather allows consideration of Philippines-generated documentation to establish service in the Philippine Army. Almero, 18 F.3d at 763. The Immigration Act, in other words, allows Philippine veterans to rely on Philippine-generated documentation to prove veterans’ status directly, without necessarily requiring certification by a United States service department.

The Court of Veterans Appeals correctly determined that qualifying service in the Philippine Army under the Immigration Act is not at issue. Indeed, section 405(c) of that law specifically provides that “[t]he enactment of this section shall not be construed as affecting the rights, privileges, or benefits of a person described in subsection (a)(1) under any provision of law (other than the Immigration and Nationality Act) by reason of the service of such person or the service of any other person under the command of the United States Armed Forces.” Pub.L. No. 101-649, 104 Stat. 4978, 5039-40 (1990). Instead, the relevant issue in this case is qualifying service under Title 38 of the United States Code and the regulations promulgated pursuant thereto. See Fazon v. Brown, 9 Vet.App. 319, 322 (1996) (distinguishing between veterans status for purposes of naturalization purposes and for purposes of veterans benefits), aff'd, 113 F.3d 1255, 1997 WL 177511 (Fed.Cir. April 10, 1997) (Table). As stated above, under 38 C.F.R. §§ 3.9 and 3.203, Philippine veterans are not eligible for veterans’ benefits unless a United States service department documents or certifies their service.

Where service department certification is required, see 38 C.F.R. § 3.203(c), the VA has long treated the service department’s decision on such matters as conclusive and binding on the VA. See Duro v. Derwinski, 2 Vet.App. 530, 532 (1992). Thus, if the United States service department refuses to verify the applicant’s claimed service, the applicant’s only recourse lies within the relevant service department, not the VA. This court sees no error in that treatment. Because the United States Department of the Army refused to certify Mr. Soria’s alleged service in the Philippine Army, the VA properly refused to consider his claim for veterans’ benefits based on that service.

CONCLUSION

This court finds no error in the decision of the Court of Veterans Appeals and, accordingly, affirms.

COSTS

Each side shall bear its own costs.

AFFIRMED.