DESIGNATED FOR PUBLICATION ON AUGUST 23, 2007 Not published UNITED STATES COURT OF VETERANS APPEALS No. 07-8005 IN RE RYAN D. LISTER . Before KASOLD, HAGEL, and MOORMAN, Judges. ORDER The Wisconsin Supreme Court suspended attorney Ryan D. Lister (respondent) from the practice of law for five months, effective, June 15, 2007. Pursuant to Rule 4(c)(1)(A) of the Court's Rules of Admission and Practice, the respondent informed the Court of his suspension on June 18, 2007. On June 20, 2007, the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-0527 NAOMI GRANT, PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before KASOLD, HAGEL, and DAVIS, Judges. ORDER On March 5, 2007, Naomi Grant filed through counsel a petition for extraordinary relief in the nature of a writ of mandamus in which she asks the Court to direct the Secretary to issue a Statement of the Case (SOC) in her 2001 dependency and indemnity compensation (DIC) claim and to direct the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-2762 NICHOLAS RIBAUDO , PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . On Petition for Extraordinary Relief (Argued December 6, 2006 Decided January 9, 2007 ) Barton F. Stichman, with whom Louis J. George, and Ronald B. Abrams, all of Washington, D.C., were on the pleading for the petitioner. Brian B. Rippel, with whom Paul J. Hutter, Acting General Counsel; R. Randall Campbell, Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 06-2762 NICHOLAS RIBAUDO , PETITIONER , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before GREENE, Chief Judge, and KASOLD, HAGEL, MOORMAN, LANCE, DAVIS, and SCHOELEN, Judges. ORDER The Court granted Mr. Ribaudo's petition for extraordinary relief in an opinion issued on January 9, 2007. Ribaudo v. Nicholson, 20 Vet. App. 552 (2007) (en banc), appeal filed (Fed. Cir. Apr. 2, 2007) [hereinafter Ribaudo]. Therein, the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-3184 KEVIN J. ROSENBERG , APPELLANT , V. GORDON H. MANSFIELD , ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued August 21, 2007 Decided November 28, 2007 ) Kevin J. Rosenberg, pro se. Brian P. Tierny, with whom Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; Brian B. Rippel, Deputy Assistant General Counsel; and Ella Krainsky, Appellate Attorney, were...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 05-3159(E) ROBERT J. MCDONALD , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Argued April 11, 2007 Decided May 24, 2007 ) Ronald L. Smith, of Washington, D.C., for the appellant. Zachary M. Stolz, of Washington, D.C., also entered an appearance for the appellant. Richard A. Daley, with whom Paul J. Hutter, Acting General Counsel; R. Randall Campbell,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-2898 RICHARD B. OSBORN APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided May 18, 2007 ) Richard B. Osborn, pro se. Paul J. Hutter, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Mark M. McNabb, all of Washington, D.C., for the appellee. Before KASOLD, HAGEL, and SCHOELEN,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-2424 BRIAN J. HART , APPELLANT , V. GORDON H. MANSFIELD , ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 19, 2007 ) Virginia A. Girard-Brady, of Lawrence, Kansas, for the appellant. John H. Thompson, General Counsel; R. Randall Campbell, Assistant General Counsel; Carolyn F. Washington, Deputy Assistant General Counsel; and James B. Cowden, all of Washington, D.C., for the...
This version includes the errata dtd 4Sep07 - e UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-2302 EDMUND WOEHLAERT , JR ., APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided August 24, 2007 ) Michael R. Viterna, of Northville, 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...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-2194 JAMES E. SURSELY , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued September 26, 2007 Decided December 21, 2007 ) Landon E. Overby, of Washington, D.C., for the appellant. Kenneth A. Walsh, with whom Tim S. McClain, Esq., General Counsel; R. Randall Campbell, Esq., Assistant General Counsel; and Edward V. Cassidy, Jr., Esq., Deputy Assistant...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-2131 LELAND E. GIBSON , APPELLANT , V. JAMES B. PEAKE , M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided December 21, 2007 ) Michael J. Mooney, of Cincinnati, Ohio, was on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Gayle E. Strommen, Deputy Assistant General Counsel, all of Washington, D.C., were on the brief for...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-2067 THOMAS PEKULAR, APPELLANT , V. GORDON H. MANSFIELD , ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before GREENE, Chief Judge, and KASOLD, HAGEL, MOORMAN, LANCE, DAVIS, and SCHOELEN, Judges. ORDER On October 31, 2007, the Court issued a panel decision in the above-captioned appeal, denying the appellant's motion to substitute and vacating the appealed Board of Veterans' Appeals (Board) decision. See Pekular v. Mansfield, _ Vet....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0189 SETSUKO DAVES, APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued January 10, 2007 Decided March 12, 2007 ) Daniel G. Krasnegor, of Washington, D.C., for the appellant. Ella Krainsky, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Brian B. Rippel, Deputy Assistant General Counsel, all of Washington D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-1394 MIGUEL A. CAMACHO , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided July 6, 2007 ) Ronald L. Smith, of Washington, D.C., was on the brief for the appellant. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Mary Ann Flynn, Principal Deputy Assistant General Counsel; and Davin L. Quinn, all of Washington, D.C., were on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-1195 JOSEPH MARTINAK , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued June 14, 2007 Decided August 23, 2007 ) Landon E. Overby, of Washington, D.C., for the appellant. Kenneth A. Walsh, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Edward V. Cassidy, Jr., all of Washington, D.C., were on the brief for the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0852 NORMAN G. CLARKE , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided May 23. 2007 ) Sean A. Kendall, of Boulder, Colorado, for the appellant. S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Richard Mayerick, Deputy Assistant General Counsel; all of Washington, D.C., for the appellee. Before HAGEL, LANCE, and DAVIS,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0625 ERIKA E. TAYLOR, APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided May 9, 2007 ) Erika E. Taylor, pro se. Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Mark M. McNabb, all of Washington, D.C., for the appellee. Before KASOLD, LANCE, and SCHOELEN, Judges. KASOLD,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0468 RAY A. MC CLAIN , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 24, 2007 Decided June 21, 2007 ) Richard V. Spataro, with whom Barton F. Stichman and Louis J. George, all of Washington, D.C., were on the brief for the appellant. Kerry J. Loring, with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 05-0174 GERALD L. PALMER , APPELLANT , V. R. JAMES NICHOLSON , SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued March 21, 2007 Decided August 20, 2007 ) Eldon E. Nygaard, of Vermillion, South Dakota, for the appellant. James B. Cowden, Jr., with whom Tim S. McClain, General Counsel; R. Randall Campbell, Assistant General Counsel; and Carolyn F. Washington, Deputy Assistant General Counsel, were...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 04-8003 IN RE RODNEY SCHONLAND , MEMBER OF THE BAR Before GREENE, Chief Judge, and HAGEL and LANCE, Judges. ORDER Before the Court is a disciplinary matter regarding attorney Rodney Schonland (respondent). For the reasons that follow, the Court will suspend Mr. Schonland from practice before this Court for a period of two years. I. BACKGROUND On April 5, 2004, the Court received a grievance from Scott McGrath, a former appellant before the...
