Legal Opinion

Cleveland D. Harvey v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided January 25, 2011No. 10-1284PublishedCited by 7 opinions

1Opinion of the Court

ORDER

2Per curiam

The matter currently before the Court has its genesis in the Secretary’s failure to expeditiously handle a remand order as required by 38 U.S.C. §§ 5109B and 7112. In June 2008, the Court issued a decision concerning the petitioner’s appeal of a February 8, 2006, Board of Veterans’ Appeals (Board) decision that denied him an effective date earlier than April 1, 2000, for the payment of compensation benefits in lieu of military retirement pay. Harvey v. Peake, No. 06-0631, 2008 WL 2367190 (Vet.App. June 10, 2008). During that case, the Secretary conceded that the petitioner’s election of…

3Cases cited15 opinions

  1. Cooke v. United StatesSupreme Court of the United States · 1925
  2. Vietnam Veterans of America v. ShinsekiCourt of Appeals for the D.C. Circuit · 2010
  3. Erspamer v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1990
  4. Elcyzyn v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  5. Herbert J. Abbs and Peter J. Wisner, Claimants-Appellants v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001

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4Cited by7 opinions

  1. Amanda Jane Wolfe and Peter E. Boerschinger v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2019
  2. Conley F. Monk, Jr. v. Robert L. WilkieUnited States Court of Appeals for Veterans Claims · 2018
  3. Gene S. Groves v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2014
  4. Gene S. Groves v. Robert A. McDonaldUnited States Court of Appeals for Veterans Claims · 2014
  5. Lawrence Delisio v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011

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