UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-0355 STEVEN G. STRATFORD , PETITIONER , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before HAGEL, MOORMAN, and LANCE, Judges. ORDER On February 6, 2008, the petitioner filed through counsel a petition for extraordinary relief in the nature of a writ of mandamus seeking an order of the Court to, among other things, direct that the respondent restore the petitioner's award of service connection for post-traumatic...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-3365 SHARON L. YOUNGMAN , PETITIONER , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, RESPONDENT . On Petition for Extraordinary Relief (Decided June 20, 2008 ) Kenneth M. Carpenter, of Topeka, Kansas, for the petitioner. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; Richard Mayerick, Deputy Assistant General Counsel; and Leslie C. Rogall, Senior Appellate Attorney, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-2369 STEVEN REED , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and KASOLD and DAVIS, Judges. ORDER On August 17, 2007, Mr. Reed filed, through counsel, a Notice of Appeal (NOA), to an August 11, 2006, decision of the Board of Veterans' Appeals (Board) that denied him increased disability ratings for his VA service-connected major-depressive disorder, lumbar-spine disability,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-2026 RASHID EL MALIK , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and HAGEL and DAVIS, Judges. ORDER On July 22, 2007, pro se appellant Rashid El Malik filed a Notice of Appeal (NOA) from a May 30, 2007, Board of Veterans' Appeals (Board) decision affirming the VA General Counsel's termination of Mr. El Malik's accreditation to represent claimants before VA. The Board found...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-1899 EDWARD J. MOORE , PETITONER , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before HAGEL, MOORMAN, and SCHOELEN, Judges. ORDER On July 13, 2007, Edward J. Moore, who is self-represented, filed a petition for extraordinary relief in the nature of a writ of mandamus, requesting that the Court order the Board of Veterans' Appeals (Board) to remove Disabled American Veterans as his representative and allow him...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-1000 LARRY D. FAGRE , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, HAGEL, and LANCE, Judges. ORDER The appellant appeals through counsel a September 11, 2006, Board of Veterans' Appeals (Board) decision that denied him disability compensation (1) for a psychiatric condition, including post-traumatic stress disorder (PTSD), because it was not service connected, and (2) for a disability...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-0262 DARLENE S. CYPERT , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 8, 2008 Decided December 23, 2008) Landon E. Overby, (non-attorney practitioner) of Washington, D.C., for the appellant. Paul J. Hutter, with whom R. Randall Campbell, Assistant General Counsel; Richard Mayerick, Deputy Assistant General Counsel; and Leslie C. Rogall,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-3088 JAMES V. BARRINGER , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided September 16, 2008 ) Allan T. Fenley, of Schenectady, New York, for the appellant. Paul J. Hutter, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and Brent Bowker, all of Washington D.C., were on...
Designated for electronic publication only UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-2762 NICHOLAS RIBAUDO , PETITIONER , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS , RESPONDENT . Before GREENE, Chief Judge, and KASOLD, HAGEL, MOORMAN, LANCE, DAVIS, and SCHOELEN, Judges. ORDER On April 13, 2007, a full Court panel issued an order in Ribaudo v. Nicholson staying the adjudication before the Board of Veterans' Appeals (Board) and VA regional offices of cases that are...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-2145 GLOVER NORVELL, APPELLANT , V. JAMES B. PEAKE , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued February 15, 20081 Decided July 14, 2008 ) Ronald L. Smith, of Washington, D.C., for the appellant. Kerry L. Baker, of Washington, D.C., was on the brief for the appellant. Nathan Paul Kirschner, with whom R. Randall Campbell, Assistant General Counsel; and David A. Quinn, Deputy Assistant...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-1925 RANDALL D. REIZENSTEIN , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued May 20, 2008 Decided July 16, 2008 ) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Thomas E. Sullivan, with whom Paul J. Hutter, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; and Gayle E. Strommen, Deputy Assistant General Counsel; were...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-1869(E) RANDY C. GARRISON , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided July 14, 2008 ) Louis J. George and Barton F. Stichman, both of Washington, D.C., were on the brief for the appellant. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; Brian R. Rippel, Deputy Assistant General Counsel; and Shanti L. Hageman, all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-1854 GARY D. BRADLEY , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 24, 2008 Decided November 26, 2008) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Debra L. Bernal, with whom Paul J. Hutter, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; and Richard Mayerick, Deputy Assistant General Counsel, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-1494 JOHN P. BOUTON , APPELLANT , V. JAMES B. PEAKE, M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 4, 2008) Kathy A. Lieberman, of Washington, D.C., was on the brief for the appellant. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; and Edward Cassidy, Jr., Deputy Assistant General Counsel; and Thomas J. Kniffen, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-1113 LARRY L. PAYTON , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, LANCE, and SCHOELEN, Judges. ORDER Before the Court is a June 10, 2008, joint motion by the parties to vacate and remand, in part, a March 8, 2006, decision of the Board of Veterans' Appeals (Board) that (1) denied entitlement to service connection for a bilateral knee disorder, claimed as secondary to a low back...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0914(E) GOMIE L. MOLDEN , APPELLANT , AND NO . 06-0411(E) HOMER L. MOONEY , APPELLANT , AND NO . 06-1098(E) CHUCK L. WARREN , JR., APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellants' Applications for Attorney Fees and Expenses (Decided June 27, 2008 ) Gomie L. Molden, Homer L. Mooney, and Chuck L. Warren, Jr., pro se. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-0715 MICHAEL A. MARTIN , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and LANCE and SCHOELEN, Judges. ORDER Before the Court is a February 15, 2008, joint motion by the parties to terminate the appeal of a March 6, 2006 , Board of Veterans' Appeals (Board) decision in which the Board denied an effective date earlier than February 1, 1998, for the payment of VA disability...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 06-0542 MICHAEL T. ACCIOLA , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 10, 2008 Decided December 5, 2008) Francis M. Jackson, of Portland, Maine, for the appellant. Michael A. Carr, with whom Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; and Joan E. Moriarty, Deputy Assistant General Counsel, all of Washington,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-336 HELEN BARELA , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 21, 2008 Decided June 24, 2008 ) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Lavinia A. Derr, with whom Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; and David L. Quinn, Deputy Assistant General Counsel, all of Washington, D.C., were...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-0312 ANGEL S. NIEVES-RODRIGUEZ, APPELLANT , v. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 1, 2008) Mark R. Lippman, of La Jolla, California, was on the brief for the appellant. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Savitri D. Persaud, Appellate Attorney,...
