Legal Opinion

Paul L. Ollis v. Robert A. McDonald

United States Court of Appeals for Veterans Claims

Decided October 28, 2015No. 14-1680PublishedCited by 2 opinions

1Opinion of the Court

KASOLD, Judge:

Veteran Paul L. Ollis appeals through counsel1 that part of an April 1, 2014, Board of Veterans’ Appeals (Board) decision that denied his claim for benefits under 38 U.S.C. § 1151 for a cardiac disability and phrenic nerve paralysis. Mr. Ollis argues that the Board erred in finding that a VA doctor’s advice and recommendations regarding a medical procedure, which ultimately was performed in August 2007 by a non-VA employee in a non-VA facility, fell outside the scope of section 1151. A panel decision is warranted to address this issue of first impression. See Frankel v.…

2Cases cited23 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Gilbert v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  3. Town of Castle Rock v. GonzalesSupreme Court of the United States · 2005
  4. Brown v. GardnerSupreme Court of the United States · 1994
  5. O'Leary v. Brown-Pacific-Maxon, Inc.Supreme Court of the United States · 1951

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3Cited by2 opinions

  1. Gerry E. Gudinas v. Denis McDonoughUnited States Court of Appeals for Veterans Claims · 2021
  2. Mark H. Bonner v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2021

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