UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 18-6853 ANTHONY R. MCGEE, JR., APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before BARTLEY, GREENBERG, and ALLEN, Judges. ORDER On December 7, 2018, self-represented appellant Anthony R. McGee, Jr., filed a Notice of Appeal (NOA) appealing what he stated was a December 7, 2018, Board of Veterans' Appeals decision. However, this was an error as appellant attached to his NOA an August 7, 2018, Board Chairman...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 18-6117 CHARLES J. RAYBINE, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENBERG, TOTH, and FALVEY, Judges. ORDER PER CURIAM. GREENBERG, Judge, filed a dissenting opinion. On October 19, 2017, the Board of Veterans' Appeals mailed self-represented veteran Charles J. Raybine a decision denying entitlement to an earlier effective date for service-connected post-traumatic stress disorder (PTSD). Mr. Raybine...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 18-6091 AMANDA JANE WOLFE AND PETER E. BOERSCHINGER, PETITIONERS, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before GREENBERG, ALLEN, and FALVEY, Judges. ORDER GREENBERG, Judge, filed the opinion of the Court. FALVEY, Judge, filed a dissenting opinion. We consider today a petition for extraordinary relief filed by Amanda Jane Wolfe and Peter E. Boerschinger. The petition raises two claims related to Congress's command...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 18-4980 ELAINE R. HANSEN, PETITIONER, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before BARTLEY, GREENBERG, and MEREDITH, Judges. ORDER On September 11, 2018, the petitioner filed a petition, through counsel, for extraordinary relief in the nature of a writ of mandamus to compel the Secretary to implement a May 30, 2017, VA rating decision granting the petitioner substitution for her veteran-husband and awarding accrued...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-4508 GREGORY V. BROWN, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 30, 2019) Gregory V. Brown, pro se. James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Christopher W. Wallace, Deputy Chief Counsel; and Brandon T. Callahan, all of Washington, D.C., were on the brief for the appellee. Before BARTLEY, Chief Judge, and GREENBERG and...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-3242 JAMES J. PERCIAVALLE, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued September 17, 2019 Decided October 25, 2019) Michael S. Just, of Providence, Rhode Island, for the appellant. Dustin P. Elias, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and Richard A. Daley, Deputy Chief Counsel, were on the brief, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-1805 WILLIAM J. TEDESCO, JR., APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 18, 2019 Decided August 16, 2019) Susan W. Saidel, with Yvette Donaldson, both of Wilmington, Delaware, for the appellant. Ronen Z. Morris, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and Christopher W. Wallace, Deputy Chief Counsel, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-1051 NETTIE CASEY, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 23, 2019 Decided June 26, 2019) Erin E. Ralston, with whom Daniel G. Krasnegor and Krystle D. Waldron, all of Glen Allen, Virginia, were on the briefs for the appellant. Jessica K. Grunberg, with whom Catherine C. Mitrano, Acting General Counsel; Mary Ann Flynn, Chief Counsel; and Edward...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-1051 NETTIE CASEY, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 23, 2019 Decided June 26, 2019) Erin E. Ralston, with whom Daniel G. Krasnegor and Krystle D. Waldron, all of Glen Allen, Virginia, were on the briefs for the appellant. Jessica K. Grunberg, with whom Catherine C. Mitrano, Acting General Counsel; Mary Ann Flynn, Chief Counsel; and Edward...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 18-0678 DOUGLAS J. ROSINSKI, PETITIONER, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before DAVIS, Chief Judge, and PIETSCH and GREENBERG, Judges. ORDER On February 8, 2018, Douglas J. Rosinski filed through counsel 1 a petition for extraordinary relief in the form of a writ of mandamus. The petitioner asks the Court to order VA to provide him, in his capacity as counsel representing current claimants before VA, the same...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 18-0378 MICHAEL L. YOUNGBLOOD, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided: September 12, 2019) David J. Lowenstein, of Richmond, Virginia, was on the brief for the appellant. Catherine C. Mitrano, Acting General Counsel; Mary Ann Flynn, Chief Counsel; Selket N. Cottle, Deputy Chief Counsel; and Sarah W. Fusina, all of Washington, D.C., were on the brief for...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-4555 VICKY M. QUINN, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 9, 2019 Decided July 11, 2019) Kenneth M. Carpenter, of Topeka, Kansas, with whom Francis M. Jackson and Penelope E. Gronbeck, both of South Portland, Maine, were on the brief for the appellant. Drew A. Silow, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-4382 THOMAS H. BUFFINGTON, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 10, 2019 Decided July 12, 2019) Stacy A. Tromble, with whom Raymond J. Kim and Barton F. Stichman were on the brief, all of Washington, D.C., for the appellant. Debra L. Bernal, with whom Catherine C. Mitrano, Acting General Counsel; Mary Ann Flynn, Chief Counsel; Joan E. Moriarty,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-4361 JAMES A. GODSEY, JR., ET AL., PETITIONERS, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before PIETSCH, BARTLEY, and ALLEN, Judges. O R D E R1 Before February 19, 2019, a claimant dissatisfied with a VA benefits decision could appeal that decision to the Board of Veterans' Appeals (Board) by filing a Notice of Disagreement (NOD) and, ultimately, a Substantive Appeal. 2 38 U.S.C. ยง 7105(a) (2018); see Murphy v....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-4220 JUSTINIANO DELRIO, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued August 22, 2019 Decided December 19, 2019) Alyse E. Galoski, with whom Kaitlyn C. Degnan was on the brief, both of Providence, Rhode Island, for the appellant. Brandon T. Callahan, with whom Catherine C. Mitrano, Acting General Counsel; Mary Ann Flynn, Chief Counsel; and James B. Cowden,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-3766 ROCCO V. PERCIAVALLE, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued February 12, 2019 Decided September 27, 2019) Kenneth H. Dojaquez, of Columbia, South Carolina, for the appellant. Shereen M. Marcus, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and Christopher W. Wallace, Deputy Chief Counsel, were on the brief, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-3585 NIA BARNETT, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 3, 2019) Thomas W. Stoever, Jr., of Denver, Colorado, was on brief for the appellant. James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Emily C. Purcell, Acting Deputy Chief Counsel; and Rudendru Sinhamahapatra, Appellate Attorney, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-3469 ALVIN DEMERY, APPELLANT, V. R OBERT L. W ILKIE , S ECRETARY OF VETERANS AFFAIRS , APPELLEE . Before DAVIS, Chief Judge, and ALLEN and FALVEY, Judges. ORDER Alvin Demery served the Nation honorably in the Armed Forces. On October 3, 2017, the Court received a Notice of Appeal (NOA) in Mr. Demery's name appealing a June 22, 2017, Board of Veterans' Appeals (Board) decision. e NOA was timely led within 120 days of the Board's decision....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-3439 FREDERICK L. PAYNE, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued January 25, 2019 Decided August 9, 2019) Ethan F. Maron, of Washington, D.C., for the appellant. Sarah Catherine Blackadar, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and Kenneth A. Walsh, Deputy Chief Counsel, were on the brief, all of Washington, D.C., for...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-3296 SHAWN P. LACEY, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 11, 2019 Decided October 17, 2019) Jennifer A. Zajac, of Oceanside, California, with whom Linda Blauhut, of Washington, D.C., was on the brief, for the appellant. Julia A. Turner, with whom Catherine C. Mitrano, Acting General Counsel; Mary Ann Flynn, Chief Counsel; and Christopher W....
