Legal Opinion · Concurrence

In re the Fee Agreement of SMITH

United States Court of Appeals for Veterans Claims

Decided October 7, 1991No. 91-619Published

1ConcurrenceSteinberg, Associate Judge

I concur in the decision of the Court dismissing the appeal of attorney William G. Smith from a purported decision of the Chairman of the Board of Veterans’ Appeals (BVA or Board) disapproving of certain attorney fees provided for in his agreement with the appellant, veteran McArthur Jones, in connection with Jones v. Derwinski, 1 Vet.App. 210 (1991). In that case, the Court vacated the Board’s decision and remanded the case for readjudication, retaining jurisdiction.

However, I would go further. I believe there are compelling reasons for the Court to carry out a sua sponte review of the…

2Cases cited15 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Rubin v. United StatesSupreme Court of the United States · 1981
  3. National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
  4. Walters v. National Assn. of Radiation SurvivorsSupreme Court of the United States · 1985
  5. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987

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