Disabled American Veterans v. Secretary Of Veterans Affairs (2003)
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· 254 citation events
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As we held in Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339, 1346-47 (Fed.
“DAV I”
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Sims v. Shinseki (2009)
Veterans, 327 F.3d at 1346-48, and that Sims’s arguments were without merit.
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Monroe White, Sr., Claimant-Appellant v. R. James Nicholson, Secretary of Veterans Affairs (2005)
Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339, 1346-47 (Fed.Cir.2003).
In addition, PGBA cites Forest Guardians v. Babbitt, 174 F.3d 1178, 1187 (10th Cir.1999), and Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339, 1343, 1353-54 (Fed.Cir.2003), in support of its argument that in 5 U.S.C. § 706 , “shall means shall” and that, consequently, courts do not have discretion to decide whether to set aside arbitrary and capricious government action.
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Pgba, LLC v. United States (2004)
In addition, PGBA cites Forest Guardians v. Babbitt, 174 F.3d 1178 , 1187 (10th Cir. 1998), and Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339, 1343, 1353-54 (Fed.
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Larry A. Pelegrini v. Anthony J. Principi (2004)
See 38 U.S.C. § 5103 (a) (providing that "the Secretary shall notify the claimant . . ."); DAV v. Sec'y, 327 F.3d at 1346-47 ("[b]y statute, the Board is an agency of the Secretary, as are the AOJs"); cf. 38 C.F.R. § 19.9 (a)(2)(ii) (authorizing Board to provide section 5103(a) notice under certain circumstances).
"[b]y statute, the Board is an agency of the Secretary, as are the AOJs"
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Barney O. Padgett v. R. James Nicholson (2005)
I also note that VA is not Congress and that the regulation cited to by the Federal Circuit, 38 C.F.R. § 20.901 (a) and (b), cannot support the proposition for which they are cited, namely that “Congress has provided express statutory authority to permit the Board to obtain additional evidence, such as expert medical opinions in specific cases.” DAV v. Sec’y, 327 F.3d at 1347; see William Jameson & Co. v. Morgenthau, 307 U.S. 171, 173-174 , 59 S.Ct. 804 , 83 L.Ed. 1189 (1939…
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Barney O. Padgett v. Anthony J. Principi (2004)
DAV v. Sec'y, 327 F.3d at 1347.
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Barney O. Padgett v. Anthony J. Principi (2004)
DAV v. Sec’y, 327 F.3d at 1347.
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Denise Jarrell v. R. James Nicholson (2006)
Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339, 1346-47 (Fed.
"By statute, the Board is an agent of the Secretary, as are the [agencies of original jurisdiction]."
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JAMES A. W ASHINGTON v. R. James Nicholson (2005)
Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339 , 1347 (Fed.
"[Sections] 511(a) and 7104(a) dictate that the Board acts on behalf of the Secretary in making the ultimate decision on claims and provides 'one review on appeal to the Secretary' of a question 'subject to decision by the Secretary' under [section] 511(a)"
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Larry A. Pelegrini v. Anthony J. Principi (2004)
See 38 U.S.C. § 5103 (a) (providing that "the Secretary shall notify the claimant . . ."); 38 C.F.R. § 3.159 (b)(1) (providing that "VA . . . will notify the claimant . . . "); DAV v. Sec'y, 327 F.3d at 1346-47 ("[b]y statute, the Board is an agency of the Secretary, as are the AOJs").
"[b]y statute, the Board is an agency of the Secretary, as are the AOJs"
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John A. Cooper v. Denis McDonough (2024)
Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339 , 1346-47 (Fed.
"By statute, the Board is an agent of the Secretary…"
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Bill M. Noah v. Robert A. McDonald (2016)
The Federal Circuit stated that the misleading notice is “especially prejudicial to veterans during the non-adversarial stages of disputes over benefits, when veterans rely on the strongly and uniquely pro-claimant character of the veterans’ benefits system and pursue their statutory entitlements without the assistance of legal counsel.” Id. at 1349.
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Jose v. Kuppamala v. Robert A. McDonald (2015)
Veterans, 327 F.3d at 1347.
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Matthew W. Crumlich v. Robert L. Wilkie (2019)
See, e.g., Citizen's National Bank of Waco, 417 F.2d at 679 ; DAV, 327 F.3d at 1346; DAV, 234 F.3d at 704 ; Staab, 28 Vet.App. at 55 .
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Harold L. Roby, Jr. v. Robert L. Wilkie (2019)
Although Mr. Roby acknowledges that the Board need not remand in order to consider law not previously considered by the RO, see Disabled American Veterans, 327 F.3d at 1349,10 38 C.F.R. § 19.9 (d)(2) (2018); he argues that 10 The U.S. Court of Appeals for the Federal Circuit's analysis specifically identifies 38 C.F.R. § 19.9 (b)(2), but the regulation was amended by final rule in 2011, resulting in this remand exception that was previously found in § 19.9(b)(2) being moved …
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Willie C. Wages v. Robert A. McDonald (2015)
Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339 , 1347 (Fed.
"Together, §§ 511(a) and 7104(a) dictate that the Board acts on behalf of the Secretary in making the ultimate decision on claims."
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Arthur Hickson v. Eric K. Shinseki (2010)
Thus, the Federal Circuit held that a proposed amendment to VA regulation 38 C.F.R. § 19.9 that would allow the Board to consider additional evidence without having to remand the case to the RO for initial consideration and without having to obtain the appellant’s waiver was invalid and contrary to the section 7104 requirement that preserves and affords “one review on appeal.” DAV, 327 F.3d at 1346. 1.
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John McBurney v. Eric K. Shinseki (2009)
Veterans, 327 F.3d at 1347, or when the Board proceeds to address questions or issues that the RO did not previously consider, “the Board must secure a waiver from a claimant or otherwise determine that there would be no prejudice to the claimant by proceeding to adjudicate the question or issue.” Id.; see also Bernard v. Brown, 4 Vet.App. 384, 394 (1993).
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Robert A. Anderson v. Eric K. Shinseki (2009)
Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339 , 1347 (Fed.
"Together [sections] 511(a) and 7104(a) dictate that the Board acts on behalf of the Secretary in making the ultimate decision on claims and provides 'one review on appeal to the Secretary' of a question 'subject to decision by the Secretary' under [section] 511(a)."
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Leamon Johnson , Jr. v. Anthony J. Principi (2004)
Sec’y, 327 F.3d at 1347-48.
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William E. Freeman v. Eric K. Shinseki (2011)
Section 7104 states that any matter that under section 511(a) is subject to a decision of the Secretary is subject to one review on appeal to the Secretary. 38 U.S.C. § 7104 (a); see Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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Leroy B. MacKlem v. Eric K. Shinseki (2010)
See Disabled American Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339 , 1342 (Fed.
describing the process by which a veteran's claim works through the administrative procedure
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10-25 522 (2018)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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05-39 063 (2018)
See Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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09-23 723 (2018)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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12-32 696 (2017)
App. at 112 ; see also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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12-24 827 (2017)
See generally Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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04-26 386 (2017)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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04-292 268 (2017)
App. at 112 ; see also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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09-15 661 (2016)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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13-01 25 (2016)
App. at 112 ; see also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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10-41 332 (2016)
See Disabled American Veterans v. Sec'y of Veterans Affairs, 327 F.3d 1339 (Fed.
appellants are denied "one review on appeal to the Secretary" when the Board considers additional evidence without having to remand the case to the agency of original jurisdiction for initial consideration, and without having to obtain the appellant's waiver
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13-35 504 (2016)
See Disabled American Veterans, et al. v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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14-17 905 (2016)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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14-17 905 (2016)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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11-09 585 (2015)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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08-02 891 (2015)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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09-31 242 (2014)
See Disabled American Veterans, et al. v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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11-12 954 (2014)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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12-34 113 (2014)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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05-40 338 (2014)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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13-13 278 (2013)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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06-15 278 (2012)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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08-19 210 (2012)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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09-18 694 (2012)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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10-20 086 (2012)
App. 112 (2004); see also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.
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06-09 814 (2011)
See Disabled American Veterans, et al. v. Secretary of Veterans Affairs (DAV), 327 F.3d 1339 (Fed.
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09-15 124 (2011)
See also Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed.