UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 12-0979 THOMAS K. DAILEY, JR., PETITIONER, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before HAGEL, MOORMAN, and LANCE, Judges. ORDER On March 22, 2012, Thomas K. Dailey, Jr., filed through counsel a petition for extraordinary relief in the nature of a writ of mandamus, requesting, in pertinent part, that this Court order the Secretary to issue a final decision in response to the Substantive Appeal he purportedly filed...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 11-2953 ISABEL D. MENDOZA, PETITIONER, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before HAGEL, MOORMAN, and SCHOELEN, Judges. ORDER On September 29, 2011, Isabel D. Mendoza, who is self-represented, filed a petition for extraordinary relief in the nature of a writ of mandamus, seeking an order from this Court compelling the VA regional office in Manila, Phillippines, to either issue an adverse rating decision from...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 11-2704 DAVID J. JONES, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided October 26, 2012) Glenn R. Bergmann and Thomas M. Polseno, both of Bethesda, Maryland, were on the briefs for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Gayle E. Strommen, Deputy Assistant General Counsel; and Rudrendu Sinhamahapatra, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 11-2408 CONSTANCE COPELAND, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 2, 20121 Decided November 14, 2012) Zachary M. Stoltz, with whom Nicholas L. Phinney, of Providence, Rhode Island, was on the brief for the appellant. Mark D. Gore, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Leslie C. Rogall,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 11-2355 DANIEL R. GILBERT, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided October 24, 2012) Robert V. Chisholm and Michael S. Just, both of Providence, Rhode Island, were on the brief for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Nisha C. Hall, Deputy Assistant General Counsel; and Michele R. Katina, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 11-1828 DAVID A. MAYS, APPELLANT, V. ERIC K. SHINSEKI SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided June 22, 2012) David A. Mays, Pro se. 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 for the appellee. Before KASOLD, Chief Judge, and DAVIS, and...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 11-1579 ANNETTE B. BRILEY, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, Chief Judge, and HAGEL and LANCE, Judges. ORDER On May 18, 2011, the appellant, widow of deceased veteran Richard R. Briley, through counsel, filed a Notice of Appeal from a January 31, 2011, Board of Veterans' Appeals (Board) decision denying entitlement to service connection for the veteran's colon cancer for the purposes of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 11-1253 ALFRED PROCOPIO, JR., APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Decided October 16, 2012 ) Glenn R. Bergmann and Thomas Polseno, both of Bethesda, Maryland, were on the brief for the appellant. Karen Hartridge, Appellate Attorney, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Carolyn F. Washington, Deputy...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 11-0696 PASCO K. ALTOVILLA, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, MOORMAN, and DAVIS, Judges. ORDER On February 28, 2011, Pasco K. Altovilla, who was then self represented, filed a Notice of Appeal from a February 23, 2011, Board of Veterans' Appeals (Board) decision. On March 13, 2012, the Court stayed proceedings to permit Mr. Altovilla to obtain counsel. On April 16, 2012, Mr. Altovilla's...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-4168 JOHN F. CAMERON, APPELLANT, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 26, 2012 Decided November 28, 2012) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Mark D. Gore, with whom Leslie C. Rogall, Deputy Assistant General Counsel; R. Randall Campbell, Assistant General Counsel; and Will A. Gunn, General Counsel, all of Washington, D.C., were on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-3543 PHILLIP G. CLINE , APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued June 13, 2012 Decided August 16, 2012) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Shanti L. Hageman, Appellate Attorney; with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Justin P. Zimmer, Acting Deputy Assistant General Counsel;...
THIS VERSION OF THE OPINION INCLUDES THE AUGUST 9, 2012, ERRATA UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-3402 BERNADINE ACEVEDO, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 25, 2012 Decided July 9, 2012) Robert V. Chisholm, with whom Zachary M. Stolz, Myung Kim Reeder, and Alexandra O. Lio were on the briefs, all of Providence, Rhode Island, for the appellant. Bryan W. Thompson, with whom...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-2975 JERROLD C. BOWEN, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April, 11, 2012 Decided June 29, 2012) Daniel J. Neilsen, of Seattle, Washington, for the appellant. Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; Nisha C. Wagle, Deputy Assistant General Counsel; and Jesse B. Greenstein, all of Washington, D.C., for the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 10-1554 MARIELLA B. MASON , APPELLANT V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE . On Appeal from the Board of Veterans' Appeals (Argued April 10, 2012 Decided July 31, 2012) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Thomas E. Sullivan, Senior Appellate Attorney, with whom Will A. Gunn, General Counsel, R. Randall Campbell, Assistant General Counsel, and Gayle E. Strommen, Deputy Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-1226 BETZAIDA P. JERNIGAN, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued March 28, 2012 Decided June 19, 2012) David J. Lowenstein, of Richmond, VA, with whom Todd M. Wesche, formerly of Arlington, VA, was on the brief, was on the pleading for the appellant. Mr. Lowenstein argued before the Court. Mark D. Vichich, of Washington, D.C., with whom Will A. Gunn,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 10-922 JOE L. MONZINGO, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 10, 2012 Decided November 21, 2012) Diane B. Kadlec, of Valley Stream, New York, was on the brief for the appellant. Jonathan G. Scruggs, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Joan Moriarty, Deputy Assistant General Counsel, all...
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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 10-0853 DALE S. HORN, APPELLANT, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued March 27, 2012 Decided June 21, 2012 ) Kenneth M. Carpenter of Topeka, Kansas, for the appellant. Ronen Morris and Carolyn F. Washington, Deputy Assistant General Counsel, with whom Will A. Gunn, General Counsel, R. Randall Campbell, Assistant General Counsel, and Thomas C. Earp, Appellate...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-3557 PEGGY L. QUATTLEBAUM, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued September 28, 2011 Decided January 5, 2012) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Peter J. Meadows, of Fort Lauderdale, Florida, was on the brief for appellant. James R. Drysdale, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 09-3233 MICHELE D. BURDEN, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 26, 2011 Decided February 1, 2012) Angela J. Hill, of Alexander City, Alabama, for the appellant. Karen Hartridge, with whom Will A. Gunn, General Counsel; R. Randall Campbell, Assistant General Counsel; and Carolyn F. Washington, Deputy Assistant General Counsel, were on the brief,...
