UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 18-2169 SEAN D. THOMPSON, PETITIONER, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before DAVIS, Chief Judge, and MEREDITH and TOTH, Judges. ORDER On April 30, 2018, the self-represented petitioner, Sean D. Thompson, filed, on behalf of himself and other similarly situated veterans, a petition for extraordinary relief in the form of a writ of mandamus compelling VA "to promptly adjudicate his long-pending disability...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-2083 LARRY E. ENGLISH, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 1, 2018) Andrew G. Blais, of Providence, Rhode Island, was on the brief for the appellant. James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Carolyn F. Washington, Deputy Chief Counsel; and Abhinav Goel, all of Washington, D.C., were on the brief for the appellee....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-1361 RICHARD M. SIMON, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued October 30, 20181 Decided December 20, 2018) Christian A. McTarnaghan with whom Amy F. Odom, both of Providence, Rhode Island, was on the brief for the appellant. Michael G. Imber, with whom Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; and Edward V. Cassidy, Jr.,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-1214 REGINALD C. SMITH, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before DAVIS, Chief Judge, and BARTLEY and TOTH, Judges. ORDER I. Mr. Smith was incarcerated when he missed the deadline to appeal the Board decision. Veteran Reginald C. Smith was incarcerated when he missed the deadline to appeal a Board of Veterans' Appeals (Board) decision. He argues that his incarceration warrants tolling the deadline....
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-1138 SOTERO R. LOPEZ, APPELLANT, V. PETER O'ROURKE, ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before DAVIS, Chief Judge, and PIETSCH and GREENBERG, Judges. ORDER On April 19, 2017, Sotero R. Lopez filed a Notice of Appeal (NOA) from a May 13, 2016, Board of Veterans' Appeals (Board) decision. The Secretary moved to dismiss the appeal, arguing that because Mr. Lopez "failed to file [a] motion for [Board] reconsideration within the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-1117 DOUGLAS J. ROSINSKI, PETITIONER, V. DAVID J. SHULKIN, M.D., SECRETARY OF VETERANS AFFAIRS, RESPONDENT. Before DAVIS, Chief Judge, and PIETSCH and GREENBERG, Judges. ORDER On April 24, 2017, Douglas J. Rosinski filed through counsel a petition for extraordinary relief in the nature of a writ of mandamus. In it, he asks the Court to compel VA to provide him, in his capacity as an attorney representing claimants before VA, with access...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-0794 REGINALD E. HEDGEPETH, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 7, 2018) Mark Wolfgang, of Menlo Park, California, was on the brief for the appellant. James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Richard Daley, Deputy Chief Counsel; Stuart Anderson, Appellate Attorney, all of Washington, D.C., were on the brief for the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS NO. 17-0697 JOE L. ROWE, APPELLANT, V. PETER O'ROURKE, ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. Before DAVIS, Chief Judge, and SCHOELEN and ALLEN, Judges. ORDER On March 9, 2017, appellant Joe L. Rowe appealed a December 6, 2016, Board of Veterans' Appeals decision that denied entitlement to service connection for erectile dysfunction, as well as an extraschedular rating greater than 10% for service-connected lumbar strain.1 The appeal...
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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-0285 SEAN A. RAVIN, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided November 2, 2018) Kenneth M. Carpenter, of Topeka, Kansas, was on the brief for the appellant. James L. Heiberg, with whom Emily C. Purcell, Acting Deputy General Counsel; Mary Ann Flynn, Chief Counsel; and James M. Byrne, General Counsel, all of Washington, D.C., were on the brief for the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-0125 PATRICK M. OVERTON, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued June 20, 2018 Decided September 19, 2018) Jerome T. Wolf, of Kansas City, Missouri, for the appellant. Jeremy Yung-Ping Wong, with whom James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; and Sarah H. Fusina, Acting Deputy Chief Counsel, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 17-0082 RICHARD CHUDY, APPELLANT, V. PETER O' ROURKE, ACTING SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided June 14, 2018) Zachary M. Stolz, Matthew J. Pimentel, Alyse E. Galoski, and Nicholas L. Phinney, all of Providence, Rhode Island, were on the brief for the appellant. Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; Joan E. Moriarty, Deputy Chief Counsel; and Anita...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-4053 JOSEPH SPELLERS, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 19, 2018 Decided September 7, 2018) Dana N. Weiner and Alyse E. Galoski, with whom Lauren E. Robbins was on the brief, all of Providence, Rhode Island, for the appellant. Anthony D. Ortiz and Carolyn F. Washington, with whom James M. Byrne, General Counsel; and Mary Ann Flynn, Chief...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-3808 WILLIE S. JOHNSON, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 24, 2018 (Decided September 19, 2018) Raymond J. Kim, with whom Barton F. Stichman, and Patrick A. Berkshire, all of Washington, D.C., were on brief for the appellant. Sara E. Wolf, with whom Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; and Selket N. Cottle,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-3633 ALBERT J. THURLOW, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided September 12, 2018) April Donahower, of Providence, Rhode Island, was on brief for the appellant. James M. Byrne, General Counsel; Mary Ann Flynn, Chief Counsel; Carolyn F. Washington, Deputy Chief Counsel; and Anthony D. Ortiz, Appellate Attorney, all of Washington, D.C., were on the...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-3519 FRANK A. HARPER, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 3, 2018 Decided December 6, 2018) April Donahower and Barbara J. Cook, with whom Megan M. Ellis, was on the brief, all of Providence, Rhode Island, for the appellant. Joshua L. Wolinsky, with whom Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; and Kenneth A. Walsh,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-3252 CHARLES WILLIAMS, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued January 23, 2018 Decided August 7, 2018) Megan Gentile, of Arlington, Virginia, with whom Harold H. Hoffman, of Arlington, Virginia, was on the brief for the appellant. Alexander W. You, with whom Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; and Joan E. Moriarty,...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-3039 RICHARD D. SIMMONS, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued April 25, 2018 Decided September 20, 2018) Kenneth M. Carpenter, of Topeka, Kansas, for the appellant. Mark D. Gore, with whom Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; and Kenneth A. Walsh, Deputy Chief Counsel; and Joshua L. Wolinsky, Appellate Attorney, all...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-2993 ROBERT M. SELLERS, APPELLANT, V. ROBERT L. WILKIE, SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Argued May 1, 2018 Decided August 23, 2018) Kenneth M. Carpenter of Topeka, Kansas, with whom John F. Cameron, of Montgomery, Alabama, was on the brief for the appellant. Nathan Paul Kirschner and Carolyn F. Washington, Deputy Chief Counsel, with whom James M. Bryne, General Counsel, and Mary Ann...
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS No. 16-2880 NICOLO J. PORRIELLO, APPELLANT, V. DAVID J. SHULKIN, M.D., SECRETARY OF VETERANS AFFAIRS, APPELLEE. On Appeal from the Board of Veterans' Appeals (Decided March 12, 2018) Kenneth M. Carpenter, of Topeka, Kansas, was on the brief for the appellant. Meghan Flanz, Interim General Counsel; Mary Ann Flynn, Chief Counsel; James B. Cowden, Deputy Chief Counsel; and Nicholas R. Esterman, all of Washington, D.C., were on the brief for the...
