UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 98-1590(E) RANDALL C. SCARBOROUGH , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and IVERS,1 STEINBERG, KASOLD, HAGEL, MOORMAN, LANCE, DAVIS, and SCHOELEN, Judges. ORDER On August 5, 2005, in a panel opinion, the Court granted in part the appellant's application for attorney fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Pursuant to the Court's...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 98-1590(E) RANDALL C. SCARBOROUGH , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and IVERS,1 STEINBERG, KASOLD, HAGEL, MOORMAN, LANCE, DAVIS, and SCHOELEN, Judges. ORDER On August 5, 2005, in a panel opinion, the Court granted in part the appellant's application for attorney fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Pursuant to the Court's...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 97-2323(E) JAMES F. FRITZ, APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, LANCE, and DAVIS, Judges. ORDER In December 1997, James F. Fritz, who was then unrepresented, appealed a September 1997 Board of Veterans' Appeals (Board) decision in which he was denied VA benefits. That appeal was docketed as No. 97-2323 and is the subject of this order. He eventually obtained an attorney, Kenneth M....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-45 WILLIAM E. MCCREARY , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided September 2, 2005 ) William E. McCreary, pro se. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Thomas A. McLaughlin, Special Assistant to the Assistant General Counsel; and Gabrielle L. Clemons (non-attorney practitioner), all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-1094 JOHN H. HARRIS, PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . On Petition for Extraordinary Relief (Decided September 28, 2005 ) Sean A. Ravin, of Washington, D.C., was on the pleadings for the petitioner. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel, and Catherine A. Chase, all of Washington, D.C., were on...
This version includes an errata dated 21Jul05-e UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0470 LAWRENCE E. WOZNICK, PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before KASOLD, MOORMAN, and SCHOELEN, Judges. ORDER On February 28, 2005, Mr. Woznick filed pro se correspondence, with attachments, that the Court construed as a petition for extraordinary relief in the nature of a writ of mandamus. The petition alleges that the Secretary failed to...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 04-1741 ANTHONY J. O'BRANOVIC, PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before IVERS, Chief Judge, and GREENE and SCHOELEN, Judges. ORDER On June 23, 2004, the Board of Veterans' Appeals (Board) issued an order remanding the petitioner's claim of clear and unmistakable error (CUE) to a VA regional office (RO) for additional development. On September 22, 2004, the petitioner, through counsel, filed a...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-1559 LARRY J. URQUHART , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, LANCE, and DAVIS, Judges. ORDER This matter is before us on the "Appellee's Motion to Strike Counter-Designated Documents Pursuant to [Rule 10 of this Court's Rules of Practice and Procedure]." The Board of Veterans' Appeals (Board) decision in this case, which denied service connection for a left-knee condition, is date-...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-1384 REGIS J. BYRD , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 23, 2005 ) Mark R. Lippman, of La Jolla, California, was on the pleading for the appellant. Tim McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and David L. Quinn, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-0774 ROBERT J. MAY , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided August 5, 2005 ) Robert May, pro se. R. Randall Campbell, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Nolan D. Paige, all of Washington, D.C., were on the pleading for the appellee. Before STEINBERG, Chief Judge,1 and IVERS and SCHOELEN,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-0380 WILLIAM H. HANLIN , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. ROBERT P. STONER II, INTERVENOR. On Appeal from the Board of Veterans' Appeals (Decided September 23, 2005 ) Kenneth M. Carpenter, of Topeka, Kansas, was on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Edward V. Cassidy, Jr., Deputy Assistant General Counsel, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-0217 THEODORE J. STOLASZ, APPELLANT , AND NO . 04-0344 WILLLIAM J. ANDERSON , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued August 30, 2005 Decided October 19, 2005 ) Ronald L. Smith and Landon Overby (non-attorney practitioner), with whom Leslie C. Rogall, all of Washington, D.C., were on the brief for the appellants. Kenneth A. Walsh, with whom Tim S....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-0086 DANIEL W. BEVERLY , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 29, 2005 ) Glenn R. Bergmann, of Berrien Springs, Michigan, was on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Lavinia A. Derr, all of Washington,...
This version includes the errata dated 13May05-e UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-59 THOMAS G. JOYCE , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 6, 2004 Decided March 22, 2005 ) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Ralph G. Stiehm, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Richard Mayerick, Acting...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-322 GLENN H. JACKSON , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 19, 2005 Decided July 1, 2005 ) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Rebecca Ahern Baird, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Carolyn F. Washington, Deputy Assistant General Counsel, all of Washington,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-2145 SUSY SHORT BEAR, APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and KASOLD, and HAGEL, Judges. ORDER Veteran Susy Short Bear appeals an October 21, 2003, decision of the Board of Veterans' Appeals (Board) that denied her entitlement to a clothing allowance under 38 U.S.C. § 1162 because that statute does not authorize an allowance for damaged undergarments, the only clothing...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1903 R. EDWARD BATES, PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before IVERS, Chief Judge, and STEINBERG and HAGEL, Judges. ORDER On July 28, 2003, the petitioner was informed by a letter from the Department of Veterans Affairs (VA) General Counsel (GC), acting on behalf of the Secretary, that the Secretary had cancelled the petitioner's accreditation to represent claimants before VA. On August 6,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS N O . 03-1828 JAMES A. W ASHINGTON , A PPELLANT , V. R. JAMES N ICHOLSON , S ECRETARY OF V ETERANS A FFAIRS, A PPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 2, 2005 ) David E. Boelzner, of Richmond, Virginia, was on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Michael J. Burdick, all of Washington,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-1237(E) STEPHEN BALDRIDGE, APPELLANT , AND NO . 03-1549(E) JOHN M. DEMEL, APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellants' Applications for Attorney Fees and Expenses (Argued March 1, 2005, Decided July 26, 2005 ) Peter J. Meadows, of Ft. Lauderdale, Florida, and Daniel G. Krasnegor, of Washington, D.C., were on the pleadings for the appellants. David J. Lowenstein, with whom Tim S. McClain,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 03-152 GERMAN L. MATTHEWS, APPELLANT , V. ANTHONY J. PRINCIPI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided January 26, 2005 ) Kenneth M. Carpenter, of Topeka, Kansas, was on the brief for the appellant. Tim McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Michael J. Burdick, all of Washington, D.C., were on...
