THIS VERSION OF THE ORDER INCLUDES THE JANUARY 14, 2010, ERRATA UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 09-0685 ROBERT W. DRIES, PETITIONER , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, RESPONDENT . Before MOORMAN, DAVIS, and SCHOELEN, Judges. ORDER On February 26, 2009, the petitioner, Robert W. Dries, through counsel, filed a petition for extraordinary relief in the form of a writ of mandamus requesting that this Court order the Secretary to implement the portion of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 08-4015 JOHN MCBURNEY , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued June 24, 2009 Decided September 10, 2009) Mark J. McBurney, of Pawtucket, Rhode Island, was on the briefs for the appellant. Jeffrey J. Schueler, with whom John H. Thompson, General Counsel; R. Randall Campbell, Assistant General Counsel; and Brian B. Rippel, Deputy Assistant General Counsel,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 08-1725 EDWARD E. MEEDEL, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 4, 2009) Calvin Hansen, of Lincoln, Nebraska, was on the brief for the appellant. John H. Thompson, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; Kenneth A. Walsh, Deputy Assistant General Counsel; and Deborah A. Hoet, all of Washington, D.C., were on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1449 THEODORE J. SEGARS, APPELLANT , V. ERIK K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before HAGEL, LANCE, and SCHOELEN, Judges. ORDER The question before the Court is whether an appellant's brief may refer to certain documents that are not contained in the record of proceedings for the limited purpose of establishing that the Secretary did not satisfy the duty to assist in obtaining such documents. In May 2008, Theodore J....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1381 KENNETH J. IRWIN , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided August 20, 2009) Jennifer A. Zajac, of Oceanside, California, was on the pleading for the appellant. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; Richard Mayerick, Deputy Assistant General Counsel; and Gabielle L. Clemons, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-1257 RICHARD C. BOONE, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued December 2, 2008 Decided March 10, 2009) Michael P. Horan, of Washington, D.C., Jennifer A. Zajac, of San Diego, California, and Linda E. Blauhut, of Washington, D.C., for the appellant. Richard Mayerick, John H. Thompson, Acting General Counsel; and R. Randall Campbell, Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-11697; 04-2375(E) JAMES C. GROVES, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Decided July 2, 2009) Virginia A. Girard-Brady, of Lawrence, Kansas, was on the brief for the appellant. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; David L. Quinn, Deputy Assistant General Counsel; and Tracy K. Alsup, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-11267; 05-3204(E) THOMAS P. CHOTTA , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney's Fees and Expenses (Decided June 5, 2009) Mark R. Lippman, of La Jolla, California, for the appellant. Tracy K. Aslup with Carolyn F. Washington, Deputy Assistant General Counsel, R. Randall Campbell, Assistant General Counsel; and Paul J. Hutter, General Counsel, all of Washington, D.C.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 08-10052; 04-1254(E) ALVA JANDREAU , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appellant's Application for Attorney Fees and Expenses (Decided April 8, 2009) Ronald L. Smith, of Washington, D.C., for the appellant. Richard Mayerick, Deputy Assistant General Counsel, with Paul J. Hutter, Acting General Counsel; R. Randall Campbell, Assistant General Counsel, all of Washington, D.C., for the appellee. Before...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-0548 PETER L. KOUVARIS, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued January 15, 2009 Decided February 25, 2009) Landon E. Overby, of Washington, D.C., with whom Robert V. Chisholm, of Providence, Rhode Island, and Zachary M. Stolz, of Washington, D.C., were on the pleadings, for the appellant. Richard Mayerick, with whom John H. Thompson, Acting General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 08-0531 LINDA L. SWINNEY , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans’ Appeals (Decided October 7, 2009) Daniel G. Krasnegor and Todd M. Wesche, both of Richmond, Virginia, were on the brief for the appellant. John H. Thompson, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; David L. Quinn, Deputy Assistant General Counsel; and Nathan Paul Kirschner,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-8003 AND NO . 07-8007 IN RE JAMES W. STANLEY , MEMBER OF THE BAR Before KASOLD, HAGEL, and MOORMAN, Judges. ORDER PER CURIAM: Before the Court is the question of whether the conduct of James W. Stanley, an attorney and member of the Court's bar, violated the Court's Rules of Admission and Practice (Rules) and, if so, what, if any, discipline should be imposed. Mr. Stanley has been provided notice of the disciplinary action recommended...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 07-3315 JAMES A. POUSSON , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before KASOLD, DAVIS, and SCHOELEN, Judges. (Argued December 16, 2008 Decided March 26, 2009) ORDER This matter comes before us because the Secretary failed to timely file the designation of record (DOR) by January 18, 2008, as required by Rule 10 of the Court's Rules of Practice and Procedure ("Court's Rules") (Secretary must file DOR no...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-2728 DIANNE C. TATUM , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 15, 2009 Decided September 28, 2009) David T. Landers, of Washington, D.C., for the appellant. Brian P. Tierney, with whom John H. Thompson, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; and Kenneth A. Walsh, Deputy Assistant General Counsel, all of...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-2670 NORMA VAN VALKENBURG , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued February 24, 2009 Decided July 24, 2009) Sean A. Ravin, with Kathy A. Lieberman, both of Washington, D.C., for the appellant. Kerry J. Loring, with whom John H. Thompson, Acting General Counsel; R. Randall Campbell, Assistant General Counsel; and Brian B. Rippel, Deputy Assistant...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-2564 WERNER G. HOOD , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 25, 2009) Mark R. Lippman, for The Veterans Law Group, of La Jolla, CA, was on the brief for the appellant. Thomas E. Sullivan, with whom John H. Thompson, Acting General Counsel, R. Randall Campbell, Assistant General Counsel, and Gayle E. Strommen, Deputy Assistant General...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 07-2481 PAMELA J. SHARP , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued July 23, 2009 Decided October 15, 2009 ) Sandra E. Booth, of Columbus, Ohio, for the appellant. Tracy K. Alsup, 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 on...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 07-1704 MICHAEL VELEZ, APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided October 9, 2009 ) Jeany Mark, of Washington, D.C., was on the pleading for the appellant. Paul J. Hutter, General Counsel; R. Randall Campbell, Assistant General Counsel; Joan E. Moriarty, Deputy Assistant General Counsel; and Justin P. Zimmer, all of Washington, D.C., were on the pleading...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-1617 MARK R. LIPPMAN , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. SAMMIE C. SWINGER , INTERVENOR. On Appeal from the Board of Veterans’ Appeals (Argued May 14, 2009 Decided July 23, 2009) Mark R. Lippman, pro se. Kenneth A. Walsh, Deputy Assistant General Counsel, with whom Paul J. Hutter, General Counsel; and R. Randall Campbell, Assistant General Counsel, were on the brief, all of Washington, D.C., for...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO . 07-1617 MARK R. LIPPMAN , APPELLANT , V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE. SAMMIE C. SWINGER , INTERVENOR. On Appeal from the Board of Veterans’ Appeals (Argued May 14, 2009 Decided September 22, 2009) Mark R. Lippman, pro se. Kenneth A. Walsh, Deputy Assistant General Counsel, with whom Paul J. Hutter, General Counsel; and R. Randall Campbell, Assistant General Counsel, were on the brief, all of Washington, D.C.,...
