Legal Opinion
Flemming v. Principi
United States Court of Appeals for Veterans Claims
Decided October 5, 2001No. 97-2150Published
1Opinion of the Court
ORDER
2Per curiam
On April 2, 1999, the Court, in a single-judge order, vacated a July 29, 1997, Board of Veterans’ Appeals (Board) decision and remanded the appellant’s claim to reopen a previously and finally disallowed claim for Department of Veterans Affairs (VA) service connection for spontaneous pneumothoraxes. The Court cited as a basis for the remand the opinion of the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Hodge v. West, 155 F.3d 1356 (Fed.Cir.1998), which was issued after the July 1997 Board decision on appeal and which overruled the caselaw (principally, Colvin v.…
3Cases cited4 opinions
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Colvin v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1991
- Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
- Vaughn v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001