UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-967 JOHN E. SHOFFNER , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued December 17, 2001 Decided July 30, 2002 ) Sandra E. Booth, of Columbus, Ohio, for the appellant. Erica M. Dornburg, with whom John H. Thompson, Acting General Counsel; Ron Garvin, Assistant General Counsel; Darryl A. Joe, Acting Deputy Assistant General Counsel, were on the brief, all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-754 DAVID C. MORAN , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and FARLEY and STEINBERG, Judges. ORDER The appellant appeals a January 29, 1999, decision of the Board of Veterans' Appeals (BVA) that denied a claim for service connection for post-traumatic stress disorder (PTSD). The appellant argues in his brief, inter alia, that 38 C.F.R. § 3.304(f) is invalid on the ground...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-528 FLORA T. BREWER, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before IVERS, STEINBERG, and GREENE, Judges. ORDER In a single-judge order dated July 23, 2001, the Court vacated the January 8, 1999, decision of the Board of Veterans' Appeals that denied service connection for the cause of the veteran's death, and remanded the matter for readjudication pursuant to the Veterans Claims Assistance Act of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-515 ABRAHAM THOMPSON , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Decided November 19, 2002 ) Kathy A. Lieberman, of Washington, D.C., was on the pleadings for the appellant. Tim S. McClain, General Counsel; Ron Garvin, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Michele R. Katina, all of Washington, D....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-352 CATHERINE ROBERSON , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and FARLEY and STEINBERG, Judges. ORDER Before the Court is the appellant's June 18, 2001, application and September 25, 2001, supplemental application for reasonable attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA). In addition, before the panel is the issue of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-2234 SARAH J. GANTT , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided April 30, 2002 ) Andrew W. Green, of West Chester, Pennsylvania, was on the briefs for the appellant. John H. Thompson, Acting General Counsel; Ron Garvin, Assistant General Counsel; Michael A. Leonard, Deputy Assistant General Counsel; and Adam K. Llewellyn, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-2043 CRUZ SANCHEZ, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before IVERS, STEINBERG, and GREENE, Judges. ORDER On April 6, 2001, by single-judge order, the Court remanded the appellant's claim for entitlement to service connection for a right-foot disability pursuant to the Veterans Claims Assistance Act of 2000, Pub. L. No. 106-475, 114 Stat. 2096 (Nov. 9, 2000) (VCAA), and Holliday v. Principi, 14...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-2030 ROBERT R. DAVENPORT , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 17, 2002 ) Robert R. Davenport, pro se. John H. Thompson, Acting General Counsel; Ron Garvin, Assistant General Counsel; and Carolyn F. Washington, Deputy Assistant General Counsel, all of Washington, D.C., were on the pleadings for the appellee. Before FARLEY, STEINBERG,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-191 WILLIAM J. KELLY , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and HOLDAWAY and STEINBERG, Judges. ORDER In a January 5, 2001, single-judge order, the Court vacated a December 31, 1998, decision of the Board of Veterans' Appeals (Board) that had concluded that the appellant's claim for Department of Veterans Affairs (VA) service connection for olivopontocerebellar atrophy...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-1769 BRUCE E. LANE, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided April 16, 2002 ) Kenneth M. Carpenter, of Topeka, Kansas, was on the briefs for the appellant. Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Patricia Trujillo, all of Washington, D.C., were on the brief...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1472 ELIE HALPERN , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, IVERS, and STEINBERG, Judges. ORDER Before the Court is the appellant's application for payment of attorney fees and expenses in the amount of $4,637.02 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). The appellant submitted his EAJA application on October 16, 2000, after the Court, in a...
This version includes the errata dated 14Nov02 - e UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-1440 DANIEL J. SANDSTROM , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 8, 2002 ) Daniel G. Krasnegor, and Christopher A. Glaser, both of Washington, D.C., were on the briefs for the appellant. Tim S. McClain, General Counsel; Ron Garvin, Assistant General Counsel; Michael A. Leonard, Deputy...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-1390 MARIAN SEARS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF APPELLANTS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided August 20, 2002 ) Kenneth M. Carpenter, of Topeka, Kansas, was on the pleadings for the appellant. Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Patricia Trujillo, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-1271 PAUL E. LUYSTER, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and FARLEY and HOLDAWAY, Judges. ORDER Before the Court is the appellant's March 14, 2001, application for attorney fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). On April 12, 2001, the Secretary filed a response, urging the Court to deny an award of fees because the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1198 JOHN R. BRIDDELL, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Motion for Panel Decision (Decided August 23, 2002 ) Kathy A. Lieberman, of Washington, D.C., was on the pleadings for the appellant. Tim S. McClain, General Counsel; Joan E. Moriarty, Acting Assistant General Counsel; Thomas A. McLaughlin, Special Assistant to the Assistant General Counsel; and Christine D. Senseman, all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1198 JOHN R. BRIDDELL, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, STEINBERG, and GREENE, Judges. ORDER In a single-judge order dated December 17, 2001, the Court denied the appellant's application for an award of attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). On December 20, 2001, the appellant filed a timely motion for panel decision...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-106 RAYMOND GALLEGOS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KRAMER, Chief Judge, and FARLEY and STEINBERG, Judges. ORDER In an August 11, 2000, opinion, this Court reversed a December 1998 Board of Veterans' Appeals (Board or BVA) decision denying an earlier effective date (EED) for an October 1997 award of Department of Veterans Affairs (VA) service connection for the appellant's post-...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1048 HOLLY P. ANDREWS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 8, 2002 Decided September 12, 2002 ) Timothy L. Salvatore and Jeffrey Wood, both of York, Pennsylvania, were on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Acting Assistant General Counsel; and Darryl A. Joe, Acting Deputy Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 99-1048 HOLLY P. ANDREWS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before FARLEY, HOLDAWAY, and STEINBERG, Judges. ORDER On September 12, 2002, the Court affirmed the September 23, 1998, Board of Veterans' Appeals decision that denied an effective date earlier than June 14, 1991, for an award of service connection for a psychiatric disability. Andrews v. Principi, _ Vet.App. _, No. 99-1048 (Sept. 12,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 99-1038 FRANK L. BELLEZZA , APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued February 25, 2002 Decided June 4, 2002 ) Ronald L. Smith, of Washington, D.C., was on the pleadings for the appellant. Gary O'Connor, with whom Leigh A. Bradley, General Counsel; Ron Garvin, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Allyn...
