Notes of Decisions
Larry G. Tyrues v. Eric K. Shinseki, 23 Vet. App. 166 (Vet. App. 2009).
· cites it 13× “For the reasons set forth below, the Court holds that the Secretary permissibly processed and issued a final decision denying benefits based on direct service connection, and remanded for the consideration of benefits based upon presumptive service connection, in separate…”
Ellis C. Smith v. R. James Nicholson, 19 Vet. App. 63 (Vet. App. 2005).
· cites it 16× “§ 1110 and that such an inquiry did not constitute a review of the rating schedule (which is prohibited by 38 U.S.C. § 7252 (b)). After reaching that conclusion, this Court had then invalidated the trauma requirement contained in pre-1999 DC 6260 because it was "in violation of…”
Randy L. Pederson v. Robert A. McDonald, 27 Vet. App. 276 (Vet. App. 2015).
· cites it 10× “This appeal is timely, and the Court has jurisdiction to review the Board's decision pursuant to 38 U.S.C. § 7252 (a). On August 22, 2014, this case was submitted for en banc review, and the Court directed the parties to file supplemental memoranda of law.”
Vets. for Common Sense v. Shinseki, 678 F.3d 1013 (9th Cir. 2012).
· cites it 8× “To that end, Congress conferred on the Veterans Court " exclusive jurisdiction" to review decisions of the Board of Veterans' *1022 Appeals, 38 U.S.C. § 7252 (a) (emphasis added), and its powers include the authority to decide any question of law relevant to benefits…”
Carpenter v. Principi, 15 Vet. App. 64 (Vet. App. 2001).
· cites it 14× “The Jurisdiction of the Court The jurisdiction of the Court of [Appeals for Veterans Claims] is specifically defined by statute at 38 U.S.C. § 7252 , in a provision entitled "Jurisdiction; finality of decisions.”
David J. Harms v. R. James Nicholson, 20 Vet. App. 238 (Vet. App. 2006).
· cites it 20× “He contends that because that denial was a final decision of the Board, he is entitled to review by this Court pursuant to 38 U.S.C. §§ 7252 and 7266. Id. at 4-5 . The Secretary filed a reply in which he argues that a motion to vacate, like a motion for reconsideration, is a…”
Mark W. Breeden v. Anthony J. Principi, 17 Vet. App. 475 (Vet. App. 2004).
· cites it 8× “" On January 17, 2002, the Secretary filed a motion to dismiss and to stay proceedings arguing that under 38 U.S.C. §§ 7252 (a) and 7266(a) this Court's jurisdiction is limited to review of final decisions of the Board and that Board remands in general, and this remand in…”
Arnold Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013).
· cites it 9× “” 38 U.S.C. § 7252 (a), (b); see also Henderson v.”
Euzebio v. McDonough, 989 F.3d 1305 (Fed. Cir. 2021).
· cites it 6× “; see 38 U.S.C. § 7252 (b) (“Review in the Court shall be on the record of proceedings before the Secretary and the Board.”
Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001).
· cites it 6× “This appeal is timely, and the Court has jurisdiction pursuant to 38 U.S.C. §§ 7252 (a) and 7266(a). For the reasons that follow, the Court will vacate the decision of the Board and remand the matter.”
— 38 U.S.C. § 7252(a) — 7 cases
Mark W. Breeden v. Anthony J. Principi, 17 Vet. App. 475 (Vet. App. 2004).
“" On January 17, 2002, the Secretary filed a motion to dismiss and to stay proceedings arguing that under 38 U.S.C. §§ 7252 (a) and 7266(a) this Court's jurisdiction is limited to review of final decisions of the Board and that Board remands in general, and this remand in…”
— 38 U.S.C. § 7252(b) — 1 case
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