UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-4761 LONNIE G. WATSON , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, Judge. ORDER Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. On December 14, 2009, Lonnie G. Watson, who is self-represented, submitted a letter to the Clerk of the Court inquiring as to the status of a claim that the Court had remanded to the Board of Veterans' Appeals (Board) on June 30,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-4520 EXCELL WHITNEY, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, MOORMAN, and LANCE, Judges. ORDER On April 29, 2010, the Court dismissed this appeal for lack of jurisdiction. On June 7, 2010, the appellant filed a timely motion for reconsideration or, in the alternative, for a panel decision pursuant to Rule 35 of the Court's Rules of Practice and Procedures. On consideration of the foregoing,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-4406 JAMES E. SAVAGE, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued July 28, 2010 Decided November 3, 2010) David J. Lowenstein, of Richmond, Virginia, with whom Daniel G. Krasnegor, also of Richmond, Virginia, was on the brief for the appellant. Catherine A. Black, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel;...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-2493 WILLIAM C. RICKETT , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, HAGEL, and DAVIS, Judges. ORDER This matter is before the Court as a result of the Secretary's motion to dismiss William C. Rickett's appeal due to the untimely filing of a Notice of Appeal. For the reasons that follow, the Court will grant the Secretary's motion and dismiss the appeal for lack of jurisdiction. I. FACTS On...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-1026(E) EARL B. THOMPSON , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 19, 2010) Robert V. Chisholm, of Providence, Rhode Island, and Landon Overby of Washington, D.C., were on the brief for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Brian R. Rippel, Deputy Assistant General Counsel; and Nisha...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0824(E) MICHAEL J. OSBON , APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, Judge. ORDER Note: Pursuant to U.S. Vet. App. R. 30(a), this action may not be cited as precedent. Before the Court is Michael J. Osbon's October 16, 2009, application pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA), for an award of attorney fees and expenses in the amount of $8,222.55. The Secretary...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0049 ALAN J. VOGAN , APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 15, 2010) Theodore C. Jarvi, of Tempe, Arizona, was on the brief for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Kenneth A Walsh, Deputy Assistant General Counsel; and Jessica M. Schwartz, Appellate Attorney, all of Washington, D.C....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-4080 WALTER A. BRYANT , APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued March 10, 2010 Decided July 1, 2010) Kenneth M. Carpenter, of Topeka, Kansas, with whom Peter J. Meadows, of Ft. Lauderdale, Florida, was on the brief for the appellant. Penny C. Kahn, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Edward V....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-3782 WILLIE E. TATUM , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued August 25, 2010 Decided November 3, 2010) Sandra E. Booth, of Columbus, Ohio, for the appellant. Mark D. Vichich, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and David L. Quinn, Deputy Assistant General Counsel, were on the brief, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-3548 WILLIAM SHADE, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 2, 2010) Kenneth M. Carpenter, of Topeka, Kansas, was on the brief for the appellant.1 Will A. Gunn, General Counsel, R. Randall Campbell, Assistant General Counsel, Leslie C. Rogall, Deputy Assistant General Counsel, and Michael G. Imber, all of Washington, D.C., were on the brief...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-3221 DAVID L. HORNICK, APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued May 26, 2010 Decided August 20, 2010) Michael P. Horan, of Washington, D.C., for the appellant. Yvette R. White, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Edward V. Cassidy, Jr., Deputy Assistant General Counsel, were on the brief, all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-3077 JONATHAN D. FITHIAN , APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 13, 2010 Decided November 9, 2010) David L. Allred, of Bethesda, Maryland, was on the application for the appellant. Pamela M. Nash, with whom Richard Mayerick, Deputy Assistant General Counsel; R. Randall Campbell, Assistant General Counsel; and Will A. Gunn, General Counsel,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-3059 CHARLES L. BREEDLOVE , APPELLANT , BRENDA BREEDLOVE , MOVANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, Chief Judge, and MOORMAN, and LANCE, Judges. ORDER Pending before the Court is the appellant's appeal of a September 9, 2008, Board of Veterans' Appeals (Board) decision that denied his claim for entitlement to compensation under 38 U.S.C. § 1151 for injuries resulting from a door malfunction at...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-2257 JAMES A. BARDWELL, APPELLANT , v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. (Decided August 17, 2010) Robert V. Chisholm, of Providence, Rhode Island, was on the brief for the appellant. Pamela Nash, with whom Richard Mayerick, Deputy Assistant General Counsel; R.. Randall Campbell, Assistant General Counsel; and Will A. Gunn, General Counsel, all of Washington, D.C., were on the brief for the appellee. Before...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-2064 RICHARD C. RAUGUST , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued April 13, 20101 Decided June 11, 2010) Robert M. Kampfer, of Great Falls, Montana, for the appellant. Mark M. McNabb, with whom John H. Thompson, Acting General Counsel, R. Randall Campbell, Assistant General Counsel, Joan E. Moriarty, Deputy Assistant General Counsel, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1667 VALERIE Y. SMITH , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued June 9, 2010 Decided August 17, 2010) Michael G. Smith, of Little Rock, Arkansas, was on the pleading for the appellant. Monique A.S. Allen, with whom John H. Thompson, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; and David L. Quinn, Deputy Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1667 VALERIE Y. SMITH , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, LANCE, and DAVIS, Judges. ORDER On August 17, 2010, the Court issued an opinion affirming a May 2, 2008, Board of Veterans' Appeals decision in this matter. On November 9, 2010, mandate issued. At this time, the Court will withdraw mandate and issue an errata to its August 17, 2010, decision, as follows: In the first paragraph...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1561 DENNIS W. COGBURN , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued September 21, 20101 Decided December 13, 2010) Kenneth M. Carpenter, of Topeka, Kansas, with whom Robert F. Howell, of Del Ray Oaks, California, for the appellant. Tamika N. Springs, with whom John H. Thompson, Acting General Counsel, R. Randall Campbell, Assistant General Counsel, Joan...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1409 LEROY B. MACKLEM , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Decided August 10, 2010) Michael R. Viterna, of Ypsilanti, Michigan, was on the brief for the appellant. Michael A. Carr, with whom John H. Thompson, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; and Leslie C. Rogall, Deputy Assistant General Counsel, all of Washington,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1193 GERARD CULLEN , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Argued June 10, 2010 Decided August 13, 2010) Landon Overby, with Robert V. Chisholm, both of Providence, Rhode Island, were on the brief for the appellant. Michael Carr, with Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Leslie C. Rogall, Deputy Assistant...
