UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-775 JANE A. PATEK, APPELLANT , V. HERSHEL W. GOBER, ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HOLDAWAY, IVERS, and STEINBERG, Judges. ORDER On October 18, 2000, the Court in a single-judge memorandum decision affirmed an April 5, 1999, decision of the Board of Veterans' Appeals that determined that new and material evidence had not been submitted to reopen a claim for service connection for the cause of the veteran's death....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-774 WALTER W. BURTON , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and HOLDAWAY and STEINBERG, Judges. ORDER The appellant, Walter W. Burton, appeals, through counsel, an April 1999 Board of Veterans' Appeals (Board) decision, which denied increased ratings for hemorrhoids and pericarditis and determined that new and material evidence had not been presented to reopen...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-609 MELVIN L. WHITELEY , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, HOLDAWAY, and STEINBERG, Judges. ORDER In a single-judge order dated October 31, 2000, the Court denied the appellant's application for attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. ยง 2412(d) (EAJA). On November 15, 2000, the appellant filed a motion for reconsideration by the single judge...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-413 THOMAS E. BRUCE , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and FARLEY and IVERS, Judges. ORDER On August 1, 2000, this Court, in a panel opinion issued while the appellant was pro se, affirmed a July 23, 1998, decision of the Board of Veterans' Appeals (Board or BVA) that denied entitlement to waiver of recovery of an overpayment of VA compensation benefits in the amount...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99- 364 HAROLD E. CULLENS, JR., APPELLANT , V. HERSHEL W. GOBER, ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Argued September 13, 2000 Decided January 17, 2001 ) Andrew J. Waghorn, of Bowie, Maryland, for the appellant. R. Randall Campbell, Principal Deputy Assistant General Counsel, with whom Leigh A. Bradley, General Counsel; and Ron Garvin, Assistant General Counsel, were on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS N O . 99-2229 G ARY M. JANSSEN , A PPELLANT , V. ANTHONY J. PRINCIPI, S ECRETARY OF V ETERANS A FFAIRS, A PPELLEE. Before KRAMER, Chief Judge, and HOLDAWAY and STEINBERG, Judges. ORDER On July 6, 2001, the appellant filed a motion for an extension of time to file a response to this Court's April 23, 2001, briefing order. On that date, the appellant also filed a motion for leave to file the extension motion 13 days out of time. The Court notes...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-2229 GARY M. JANSSEN , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 27, 2001 ) John Stevens Berry, of Lincoln, Nebraska, was on the pleadings for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Acting Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Richard Mayerick, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-2210 JAMES E. WENSCH , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals ( Decided December 20, 2001 ) Ronald L. Smith, of Washington D.C., was on the pleadings for the appellant. Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; and Mary Ann Flynn, Deputy Assistant General Counsel, all of Washington D.C., were on the pleadings for the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-200 MAMIE GORDON , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided July 23, 2001 ) Victoria A. Phillips, of Washington, D.C., was on the brief for the appellant. Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Allyn L. Engelstein, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1788 MOSES RENTI HOLLIDAY , APPELLANT , v. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and STEINBERG and GREENE, Judges. ORDER On October 12, 1999, the appellant appealed a September 30, 1999, decision of the Board of Veterans' Appeals (BVA or Board) that denied increased VA disability ratings for his service- connected sensory impairment and hyperesthesia with trigeminal nerve damage,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-1788 MOSES RENTI HOLLIDAY , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued January 18, 2001 Decided February 22, 2001 ) Michael P. Horan, of Washington, D.C., for the appellant. Catherine A. Chase, with whom Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; and Joan E. Moriarty, Deputy Assistant General Counsel, all of Washington,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1788 MOSES RENTI HOLLIDAY , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, A PPELLEE. Before KRAMER, Chief Judge, and FARLEY, HOLDAWAY, IVERS, STEINBERG, and GREENE, Judges. ORDER In a panel opinion dated February 22, 2001, the Court vacated the September 30, 1999, decision of the Board of Veterans' Appeals (Board) that denied the appellant's claims for increased disability ratings for multiple service-connected...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 98-1275 WILLIAM L. HODGES, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HOLDAWAY, IVERS, and STEINBERG, Judges. ORDER On January 12, 2000, the Court issued an opinion reversing that part of the March 19, 1998, decision of the Board of Veterans' Appeals (Board or BVA) that denied service connection for a left- knee disorder and affirming that part of the Board decision that denied as not well grounded,...
THIS VERSION INCLUDES THE ERRATA DATED 29MAR01-e Designated on March 27, 2001, for publication UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS N O . 99-1783 WILLIE E. BURLEY , A PPELLANT , V. ANTHONY J. PRINCIPI, S ECRETARY OF V ETERANS A FFAIRS, A PPELLEE. Before HOLDAWAY, IVERS, and STEINBERG, Judges. ORDER On November 11, 1999, the appellant filed his appeal to a July 30, 1999, decision of the Board of Veterans' Appeals (BVA) which found, inter alia, that a December 1993 VA regional...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-172 WALTER A. MURRAY , JR., APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, HOLDAWAY, and STEINBERG, Judges. ORDER In a single-judge order dated March 14, 2001, the Court, noting the enactment of the Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000), vacated the September 30, 1998, decision of the Board of Veterans' Appeals that denied the veteran's...
This version includes the errata dated 15Jun01-e UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1691 LEO G. HALE, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and HOLDAWAY and STEINBERG, Judges. ORDER In a single-judge order of February 26, 2001, the Court remanded a June 29, 1999, decision of the Board of Veterans' Appeals (Board) that determined that new and material evidence had not been received to reopen a claim for...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1678 EVERETT C. MAHL, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, HOLDAWAY, and STEINBERG, Judges. ORDER On December 7, 2000, the Court issued an order granting the Secretary's November 13, 2000, motion for remand. The July 30, 1999, decision of the Board of Veterans' Appeals, which denied the appellant's claim for entitlement to a rating in excess of 10% for post- traumatic stress...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1667 DANIEL P. HERLEHY , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and IVERS and STEINBERG, Judges. ORDER The appellant, Daniel P. Herlehy, appeals through counsel an August 25, 1999, decision of the Board of Veterans' Appeals (BVA or Board) that denied a claim for a rating of total disability due to individual unemployability (TDIU). Record (R.) at 8. The appellant filed a...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1643 CHARLES W. MADSEN , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HOLDAWAY, STEINBERG, and GREENE, Judges. ORDER On August 8, 2001, the Court issued an order that vacated parts of the July 30, 1999, decision of the Board of Veterans' Appeals, and remanded for readjudication in light of the enactment of Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000)....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-158 MEMA R. DELA CRUZ, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided August 21, 2001) Sean A. Kendall was on the pleadings for the appellant. Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; Mary Ann Flynn, Deputy Assistant General Counsel; and Debra L. Leach were on the pleadings for the appellee. Before FARLEY, HOLDAWAY, and...
