Legal Opinion

Dennis M. Thun v. James B. Peake

United States Court of Appeals for Veterans Claims

Decided April 23, 2008No. 05-2066PublishedCited by 186 opinions

1Opinion of the Court

GREENE, Chief Judge:

Veteran Dennis M. Thun appeals, through counsel, a June 22, 2005, decision of the Board of Veterans’ Appeals (Board) that determined that his disability rating for his service-connected post-traumatic stress disorder (PTSD) did not warrant referral for extraschedular consideration under 38 C.F.R. § 3.321(b)(1) (2007). Record (R.) at 1-19. Mr. Thun argues that the Board misinterpreted § 3.321, and thus, failed to apply the law correctly when evaluating his claim for an increased rating. Because we find no error in the Board’s conclusion that Mr. Thun’s asserted inability to…

2Cases cited14 opinions

  1. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  2. Allday v. BrownUnited States Court of Appeals for Veterans Claims · 1995
  3. Henry L. Conway, Jr., Claimant-Appellee v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2004
  4. Soyini v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
  5. Mauerhan v. PrincipiUnited States Court of Appeals for Veterans Claims · 2002

9 more not listed; retrieve them via the Exa API.

3Cited by186 opinions

  1. Sterling T. Rice v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2009
  2. Thun v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
  3. Vazquez-Flores v. ShinsekiCourt of Appeals for the Federal Circuit · 2009
  4. Nathan Yancy v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2016
  5. Doucette v. ShulkinUnited States Court of Appeals for Veterans Claims · 2017

181 more not listed; retrieve them via the Exa API.

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